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(영문) 전주지방법원 2018.04.03 2017고단2050
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 engaged in driving a vehicle B K7 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On September 24, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.138% during blood, while driving the fluench distance on September 24, 2017 between the former So-gu, Seojin-gu, Seoul. On September 24, 2017, the Defendant proceeded to turn to the left at an unfluent speed from the surface of the tunnel to the Jinbuk-gu, Jin-gu.

In such cases, all drivers shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and they have a duty of care to take care of the traffic situation on the front side and to prevent accidents in advance by safely driving in accordance with signals.

Nevertheless, under the influence of alcohol, the Defendant neglected the duty of the front time and left left without violating the signal, and received the part of the victim C(49) driver’s back wheels side of the instant K7 vehicle from the left edge of the said K7 vehicle due to the occupational negligence on the part of the victim C(49) driver’s her normal signals from the north-wester.

As a result, the Defendant suffered injury such as salt, tension, etc. by negligence in the course of driving a car in a situation where normal driving is difficult due to influence of drinking, which requires approximately two weeks medical treatment to the victim C by negligence in the course of business.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven the automobiles described in paragraph 1 of the above paragraph, while under the influence of alcohol concentration of about 0.138% in the section of about 5km from the day front of the mutual unexponed drinking house located in the Sonsan-gu, Soon-gu, So-young-gu, Jeon-gu, Jeon-gu, Jeon-young to the school distance on the day set forth in paragraph 1 above.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Statement report on the situation of the driver at the main place and investigation report;

1. A report on whether to drive any danger;

1. Statement;

1. The application of the law of the medical certificate.

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