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(영문) 전주지방법원 남원지원 2017.08.29 2017고단144
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

On April 30, 2017, at 60:27, the Defendant, at the point of 60 km (net direction) of the Yan-ju highway located in the Magsan-si, Namwon-si, Namwon-si. At the point of 60 km, the Defendant driven a car in B Spo-si in a state of alcohol concentration of 0.161%, in a state of difficulty in normal driving, with influence, and the Defendant driven the car in B Spo-si in a state of difficulty in normal driving, and proceeded along one way between the two lanes.

At the time, vehicles had been driven by high speed at night, so there was a duty of care to prevent accidents by accurately manipulating the steering and brake system while maintaining the safety distance with the vehicles in front of the examination on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, while the Defendant, while under the influence of alcohol, was negligent in not operating the steering gear properly, was trying to overtake the Dworka car that was driven at the front direction of the Defendant’s running (at 58 years old) in the front direction of the Defendant’s running, the Defendant shocked the entire part of the front direction of the said rocketing car into the front direction of the Defendant’s driving.

Accordingly, the Defendant suffered injury to the victim E (57) and the victim F (57 years old) who was on board the said rocketing car while driving a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally due to the influence of alcohol, by causing approximately two weeks of injury, such as brain-dead in an open two areas requiring treatment for each of the two weeks of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, G, E, and F;

1. Application of Acts and subordinate statutes to on-site photographs, notification of the results of regulating drinking driving, report on whether to drive any danger, response to requests for appraisal, and each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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