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(영문) 전주지방법원 군산지원 2019.07.10 2019고단282
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

The defendant is a person who is engaged in the operation of a Party B's car.

1. On February 24, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving the said car under the influence of alcohol level of 0.226% at around 22:00, while driving the said car, and driving the first line between the two lanes in front of D bus platforms located in Ilsan-si C at the next post office located in C, Ilsan-si.

In this case, the driver of a motor vehicle has a duty of care to live well on the front side and the left side, and to safely drive the steering gear and the brakes in order to prevent accidents in advance while operating it properly.

Nevertheless, when the defendant was under influence without properly operating the steering direction and brakes in the state of being drunk enough to see the police officer's questions, the defendant saw the back part of the F-city bus driver's driver's vehicle E (53 years old) which was parked in the second line before the right direction of the course when he was under influence without properly operating the steering direction and brakes.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally, thereby incurring bodily injury to the victim, such as dynasium, tension, etc. for about two weeks, and injury to the victim G (23 years old) who is an urban bus passenger in need of approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said B earth car at a section of about 1 km from the roads front of the D bus platform located at Hasan-si, I under the influence of alcohol concentration of 0.226% in the above temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A driver who has reported the occurrence of a traffic accident, on-site photographs (six copies), on-the-spot drivers, circumstantial statement reports, and investigation reports; and

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