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(영문) 전주지방법원 2017.01.10 2016고단1757
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of B Lastren motor vehicles.

On September 11, 2016, the Defendant driven the said car at a speed of 0.210% alcohol concentration among blood transfusions, which is difficult to drive normally due to the difficulty of normal operation. On September 11, 2016, the Defendant driven the said car at a speed of 0.210%, and driven the home fluoring road in front of the Home fluor, which is located in 167, at the end of the front city as the front city in the front city of the front city, at a speed of 3-lanes of the Korean-style village.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to safely drive the motor vehicle by accurately operating the steering and steering gear and accurately.

Nevertheless, the Defendant neglected this and proceeded in a state where normal driving is difficult due to the influence of alcohol as above, and sustained the back part of the Dunst Driving Vehicle C (46) that was in the front of the said Dunst Driving Vehicle C at the front of the said Dunst Driving Vehicle at the front of the said Dunst Driving Vehicle, and suffered injury to the victim, such as dunst’s salt, tension, etc. for about two weeks in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Reporting on the arrest of a person suspected of violating traffic laws on roads (driving a drinking), (the sequence No. 9 of evidence);

1. A report on internal investigation:

1. Notification of the results of crackdown on the driving of alcohol, report on the circumstances of the driver driving, the appearance, uniforms, language, attitudes of the driver driving, and report on whether the driver is in danger;

1. A medical certificate;

1. Application of Acts and subordinate statutes to vehicles and field photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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