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(영문) 전주지방법원 군산지원 2017.05.31 2016고단1234
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 who is engaged in driving a motor vehicle with C high speed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 10, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.115% while under the influence of alcohol at around 15:50 on November 10, 2016, and led the Defendant to drive the said vehicle at the intersection of private distance in the vicinity of the new Dong/Dong Office located in the New East-dong located in the Yasan-si, Yasan-do.

In this case, the driver of a motor vehicle has a duty of care to reduce the speed prior to the arrival of the intersection and properly operate the steering and steering system accurately.

Nevertheless, the Defendant neglected this and went to the right side of the Defendant’s vehicle due to the negligence of driving while under the influence of alcohol. The Defendant was driven by the victim D (38 Doe) who is going to the right side of the Defendant’s driving.

As a result, the Defendant suffered injury to the victim, such as the salt, tension, etc. of the 2 week in need of approximately two weeks of treatment due to the above occupational negligence in a state where it is difficult to drive normally due to the influence of drinking, such as heavy snow and walking without a normal walk.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a knick-in car at approximately 300 meters away from the Northwest-dong market located in the Southern-si in Jeollabuk-do, Jeollabuk-do to the private-distance intersection near the new Dong office located in the same Si/dong in the same city with a alcohol content of 0.15% among the blood transfusion at the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and report on whether to drive any danger;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Criminal facts;

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