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(영문) 전주지방법원 2017.12.26 2017고단1965
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years 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 car at CV in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On September 10, 2017, the Defendant driven the said car under the influence of 0.146% alcohol during blood alcohol during the influence of around 17:45 on September 10, 2017, and continued one lane of the three-lane roads in front of the National Bank of Korea 4746 in the direction of peace in the Gu.

In such cases, all drivers shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and have the duty of care to prevent accidents in advance by accurately manipulating the front, rear, left and right, and the steering and brake system.

Nevertheless, the Defendant was negligent in driving while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and driving the motor vehicle in the front direction of the Defendant's driving of the victim D(71 tax) which was in operation in the front direction of the Defendant's driving, and suffered injury, such as pressure cut off 5 hours in the movement of the victim D(71 tax) which was in operation in the front direction of the Defendant's driving.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a CV-si car under the influence of alcohol level of about 0.146% from the 10km section of around 10km to the front road of the National Bank of Korea, from the Masan-ro Mansan-ro Man-gun, Jeonju-si, Man-si, Jeonju-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking 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 of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.

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