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(영문) 전주지방법원 남원지원 2019.02.12 2018고단268
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 27, 2018, the Defendant driven a DNA observer car under the influence of alcohol by 0.142% in the section of approximately 2km from the 2km to the roads from the 08:30 regular Eup to the clateral in order to ensure that the Defendant is under the influence of alcohol with a blood alcohol concentration of 0.142%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a D options car.

At around 08:30 on October 27, 2018, the Defendant, while under the influence of alcohol of 0.142% of blood alcohol content, was running in the direction of the E apartment in front of the C non-person telecom in Jung-Eup.

Since the place has an intersection, the driver of the vehicle has a duty of care to take the front, rear, and left well in the front, and operate the brake and steering gear accurately to prevent the accident.

Nevertheless, the Defendant neglected this and received the back part of the franchise vehicle as the front part of the Defendant’s vehicle due to the negligence of proceeding, even though the passenger car driven by the victim F (58 years of age) who was driven at the front of the Defendant’s driving vehicle was stopped in accordance with the front line.

As a result, the Defendant suffered from the victim F and the victim H (V, 48 years old) who was on board a motor vehicle in the above job due to the influence of drinking, for about two weeks of medical treatment, respectively, due to the negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident site photograph;

1. Each written diagnosis;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes to a report on investigation (report on the circumstances of an immigration driver) and report on internal investigation (victim F telephone call);

1. The driving under the influence of alcohol under Article 148 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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