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(영문) 전주지방법원 2017.05.16 2017고단240
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

1. On January 12, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol content of about 0.187% at a distance of about 20 meters from the road front of any alcohol house in the scamba-gu, U.S., U.S., U.S. to the road front of “D” located in the scamba-gu, U.S.; (b) around 02:50 on Jan. 12, 2017.

2. On January 12, 2017, the Defendant driving the said motor vehicle under the influence of alcohol level of 0.187% among blood transfusion around 02:50 on January 12, 2017, and driving the said motor vehicle at a speed of about 30 kilometers per hour depending on the two-lanes of speed between the two-lanes on the surface of the effic park at the seat of the effic road.

At the time of night, in such a case, a driver engaged in driving business had a duty of care to safely drive the steering room and the right and the right and the right, and to accurately manipulate the steering gear.

Nevertheless, the Defendant neglected this and tried to find out and stop the FK5 cab that was driven by the victim E (61) who was under the influence of the Defendant at the front of the vehicle due to his negligence while driving the vehicle in which normal driving is difficult due to drinking. However, the Defendant failed to avoid it, but was in the front part of the said cab, which was driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

1. Response to a request for appraisal;

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 (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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