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(영문) 전주지방법원 군산지원 2018.02.09 2017고단1492
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a cuss car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 4, 2017, the Defendant driven the said car under the influence of alcohol content of 0.188% by driving the said car, and driving it along two-lanes to the gas station located on the side of the intersection of the nuclear college of Korea, under the influence of alcohol content of 0.188% on the 424 lane prior to the Hensan-si, Incheon-si.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, under the influence of alcohol, the Defendant, while driving the said vehicle in a state where it is difficult to drive the vehicle normally so as to be able to see pedestrian traffic by neglecting this, brought about the part of the victim C (W, 62 years old) driving in the opposite line due to the negligence of the central line, which was driven by the driver, with the driver in front of the vehicle of the Defendant.

As a result, the Defendant was able to drive the car normally due to the influence of drinking, and the Defendant suffered injury, such as cage cages, etc. which require approximately five weeks of medical treatment to the victim.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant in the state of alcohol alcohol 0.188% of alcohol in blood while under the influence of alcohol from the 4km section from the front of the sports center, such as yellow dust, etc., located on the yellow-si in the following day of the day: the Defendant driven a coo car in B, in the state of under the influence of alcohol of about 0.188% from the 4km section from the 4km road in the following city of Hasan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts.

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