(영문) 전주지방법원 2018.12.18 2017고단1389

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(영문) 전주지방법원 2018.12.18 2017고단1389

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with B test partitionss.

On May 17, 2017, the Defendant had a 00:02 blood alcohol concentration of 0.158% under the influence of alcohol while driving normally, making it difficult for the Defendant to drive the previous road in front of the Seojin-gu Seoul Special Metropolitan City due to the influence of alcohol at around 00:02.

In this case, the driver of the vehicle had a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the vehicle.

Nevertheless, the Defendant: (a) due to the influence of alcohol as above, caused the injury of the victim D( South, 35 years old) who was under way at the front time due to the Defendant’s failure to perform the above duty of care; (b) due to the negligence in the course of duties found late after the driving of the EN car, the Defendant received the above NNS car from the Defendant’s driver’s vehicle at the front time; and (c) due to the shock, suffered from the injury of the Victim F (F, who is the passenger of the said NAS car, with approximately 2 weeks of treatment; and (d) the victim F, who is the passenger of the said NAS car, with no open wife for about 2 weeks of treatment.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven a car in B, under the influence of alcohol leveling 0.158% in blood, on the road at approximately 3 km section from around the Dong restaurant located in the So-jin-gu, Seoul Special Self-Governing Province during the day of the above 1.1.m. to the place of the above 1.m.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A traffic accident report;

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

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

1. A report on whether to drive any danger;

1. Statement protocol (D);

1. Application of Acts and subordinate statutes (D, F);

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

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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