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(영문) 전주지방법원 2019.01.29 2018고단1875
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a BS car;

On August 15, 2018, at 00:45, the Defendant, while drunk with a large amount of smelling alcohol with 0.194% of alcohol content, breathing snow, breathing, and flading on the face, while making it difficult for the Defendant to drive the said vehicle normally and making it difficult to drive the said vehicle due to the difficulty of driving the vehicle, 262 as in the white substance of the front city, and the flabing distance from C to the right-hand left-hand turn.

Since there is an intersection where traffic control is performed by signal, there was a duty of care to drive safely by putting the front door of entry and the left and right well.

Nevertheless, the Defendant neglected this and neglected to turn to the left while driving a signal under the influence of alcohol as above, and caused the victim's front part of the victim's D(65 years old) driving, which was proceeding in accordance with the straight line on the part adjacent to the Defendant's vehicle, to the front part of the Defendant's vehicle's front part.

Ultimately, the Defendant suffered from the injury of the victim F (the 54 years old), who was aboard the said D and the said K5 taxi due to the above occupational negligence, for approximately two weeks of medical treatment.

2. Around 00:45 on August 15, 2018, the Defendant driven a bsane car with blood alcohol content of 0.194% from the section of approximately 2 km from the front side of the He farm to the place of accident under paragraphs (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Report on the circumstantial statements and investigation report of a host driver;

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

1. A report on traffic accidents and a report on actual condition;

1. Statement (D);

1. Each written diagnosis;

1. Investigation report (related to failure to prepare the victim's statement);

1. The application of the Act and subordinate statutes to the investigation report (in relation to the entry of a suspect), 1.

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