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(영문) 전주지방법원 군산지원 2019.08.07 2019고단430
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a B ice car.

On March 29, 2019, the Defendant driven the said car on March 23:57, 2019, and proceeded at a speed of about 40km from the side of the border along the two-lanes, depending on the two-lane distance, in a situation where it is difficult to drive normally, such as the blood alcohol level of 0.178%, on the road near the 95-lane distance, due to the influence of drinking alcohol level of 0.178%.

At the time, there was a duty of care to reduce the speed and to operate the steering system of the vehicle properly and other devices such as the steering system, brake system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant: (a) discovered at latest the DNA taxi driven by the victim C (the 59-year-old) who stops in order to make a U-turn at the front of the road due to the Defendant’s negligence while driving the taxi due to his negligence; and (b) received the part concerning the left-hand panion part of the said ice taxi.

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

2. The Defendant violated the Road Traffic Act (driving) in a manner of under the influence of alcohol 0.178% at a temporary border such as paragraph (1) of this Article, the Defendant driven the B stoke car from about 4km to the transport distance in the transport road from the front day of the F in Gunsan-si E to the transport distance in the transport road.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on the occurrence of traffic accidents, actual condition survey reports, field photographs, notification of the results of the drinking driving control, circumstantial statements of drinking drivers, investigation reports, circumstantial reports, and diagnosis reports, and the Acts and subordinate statutes.

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