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(영문) 전주지방법원 2017.08.08 2017고단850
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the driving of 125CC in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On April 10, 2017, the Defendant driven the above Otoba while under the influence of alcohol content of 0.122% in blood around 14:48, while driving the above 0.12% in the influence of alcohol, and proceeded directly with the road of the 635-lane Do road in the vicinity of the tunnels south of the Yan-gun, the south side of the Yan-gun, the south side of the f35-lane Do road was under the influence of the king.

In such cases, all drivers are prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and since they are the road of a bend down and down down by the right side, they have the duty of care to prevent accidents by safely driving the steering gear and brake system in advance.

Nevertheless, under the influence of alcohol, the defendant neglected to do so on the road, along with the victim D (IS, 79 years old) who was on board the back of the above Otoba while taking the concrete protection wall installed on the right side of the defendant's proceeding into the front side of the above Obaba.

As a result, the Defendant suffered injury to the victim at the bottom of the Bridge, which was accompanied by a non-alley bridge that requires approximately 14 weeks of medical treatment due to occupational negligence, while driving the above breath in a state where normal driving is difficult due to influence of drinking.

2. On the same date and time as paragraph 1, the Defendant was driving a breath under the influence of alcohol leveling 0.122% of alcohol level from the 5km section to the place referred to in paragraph 1 via the Seoul National Agricultural Cooperative, the former Non-Gun E-U.K. at the same time as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on whether to drive any danger;

1. Reporting of a traffic accident (1) (2);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act and specific crimes concerning the crime.

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