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(영문) 전주지방법원 2017.08.22 2017고단922
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person engaging in driving a vehicle B K5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 11, 2017, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol concentration of 0.233% in blood at around 00:05, while driving the car at around 00:23% due to the influence of alcohol, and passed the intersection of the private distance of D pharmacy located in Yansan-gu, Jeonju-si at the distance of the width of the entire city through the volcanic sports hall.

At the time, the signal lights were installed, so in such a case, the driver had a duty of care to prevent accidents by operating the signal safely by accurately manipulating the front and rear left and right of the driver, and by operating the steering gear and the steering gear in a safe manner.

Nevertheless, the Defendant was negligent in the course of business that entered the intersection of the Gyeongho Lake, without fulfilling the above duty of care due to the influence of alcohol, and the Defendant suffered injury to the victim E (the 18 years old) who was directly engaged in the operation of the FM7 taxi of the victim E (the South, the 52 years old) driving in the middle elementary school from the tunnel bank by taking the fM7 taxi of the victim E (the remaining, the 52 years old) into the above car and suffered injury, such as climatic salt, tension, etc. which requires approximately two weeks of treatment to the victim E due to the shock, and the victim G (the 18 years old) who is the passenger of the above cab, by taking about two weeks of the climatic clif and the tension.

2. The Defendant violated the Road Traffic Act (drinking driving) driven B K5 cars under the influence of alcohol leveling of about 500 meters from any restaurant located in the Ssan-gu, Seoul Special Metropolitan City at the front of the day referred to in paragraph 1 to the place referred to in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on whether to drive any danger;

1. Response to a request for appraisal;

1. A survey report on actual conditions;

1. Application of Chapter Two Acts and subordinate statutes to medical certificates;

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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