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(영문) 전주지방법원 2017.09.19 2017고단1248
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B at the lower cost, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 28, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.132% among blood transfusion around 23:10, and continued to drive the said vehicle under the influence of alcohol level of 0.132%, under the influence of alcohol level, the Defendant continued to drive the said vehicle under the influence of alcohol level of 0.132% on the front Bridge-gu, 1,000, 1,000, from the front intersection to the front intersection.

In such cases, all drivers are prohibited from driving a motor vehicle while normal driving is difficult due to influence of drinking, and since signal lights are installed at the intersection, so there was a duty of care to prevent accidents in advance due to safe driving, such as driving in accordance with good faith.

Nevertheless, the defendant, under the influence of alcohol, had the victim C(27) who was driven by the driver who was driven by the driver at the right side of the vehicle operated by the defendant on the left side of the front side of the vehicle operated by the defendant, and was driven by the driver at the middle school in accordance with the left-hand turn from the left side of the front side of the vehicle operated by the defendant under the influence of alcohol.

As a result, the Defendant suffered injury, such as climatic salt, tension, etc., which requires approximately two weeks of medical treatment, by negligence in the course of driving the said vehicle while normal driving is difficult due to influence of drinking.

2. On the same date and time as paragraph 1, the Defendant was driving the said vehicle under the influence of alcohol by 0.132% in the section of approximately 2.5 km from the front of the F cafeteria in the Yansan-gu, Jeonju City to the place like paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Criminal facts;

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