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(영문) 전주지방법원 남원지원 2018.11.14 2018고단195
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. Around 00:05 on August 11, 2018, the Defendant was driving a B-hurbed vehicle under the influence of alcohol content of approximately 0.196% in a section of approximately 500 meters from the road near the “fluxan house” located in the Southern-si, Namwon-si to the road front of the Do-dong Office located in the Do-dong, Namwon-si.

2. The Defendant is a person who is engaged in driving a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 11, 2018, around 00:05, the Defendant operated a car in front of the post office located in the Do through the Do through which it is difficult to drive the car normally due to the foregoing in a state where it is difficult for the Defendant to drive the car normally, thereby running from the Do through the Do through the Do through the 5th apartment room.

Since the location has an intersection where a red on-and-off signal is installed, the driver of the vehicle has a duty of care to temporarily stop prior to the entry into the intersection before the intersection and check the absence of the vehicle from another direction, and to prevent the accident from the smoke of the accident.

Nevertheless, the Defendant, while under the influence of alcohol, did not temporarily stop without neglecting the above duty of care and did not enter the intersection to the right-hand side of the Defendant’s moving from the Defendant’s direction-hand side of the running direction (hereinafter “Dcoon”). Dcoon also driven by this 27 years old, the lower part of the Defendant’s front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the victim E (24) who was on the top of the operation of a car in the state where normal driving is difficult due to the influence of alcohol due to the foregoing occupational negligence, such as cerebrum in need of a two-day medical treatment, and the victim E (24 years) who was on the top of the operation of the car in the above C, due to the said occupational negligence, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Each written diagnosis;

1. A survey report on actual conditions;

1. The scene of the accident and vehicle photographs;

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