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(영문) 전주지방법원 2017.09.05 2017고단770
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in driving of a XD car.

On March 6, 2017, the Defendant driven the above vehicle under the influence of alcohol level of 0.218% during blood transfusion around 04:10, while driving the vehicle, and proceeding the roads next to the 106 Dong-ro 71, U.S. Madon-ro, U.S. at Jeonju-si, with the 3rd apartment room at the site of the National Land Information Corporation, and turn to the left.

In such cases, all drivers are prohibited from driving a motor vehicle while normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by driving the motor vehicle on the right side of the center where a separate facility is installed.

Nevertheless, under the influence of alcohol, the Defendant was negligent in the course of performing duties to the left side of the central separation facility and received the front part of the said vehicle’s re-concept part of the central separation group installed therein.

As a result, the Defendant suffered, by negligence in the course of duty, from driving the said vehicle under the influence of alcohol, the injury of the victim D (V, 28 years old), who was on board the said vehicle, such as a poppy of a string string, which requires approximately 8 weeks of medical treatment, and the injury to the victim E (V) on a bridge or other string string that requires approximately 2 weeks of medical treatment.

2. On the same date and time as Paragraph 1, the Defendant driven the said vehicle under the influence of alcohol level of 0.218% from the 3km section of the blood alcohol level from the front side of the Sam-gu Sinsan-gu Sinsan-dong in the front to the place referred to in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

1. On-sites and photographs of vehicles;

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