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(영문) 전주지방법원 2017.09.26 2017고단1290
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in driving of a vehicle B in the car.

On June 18, 2017, when the Defendant was unable to drive normally due to the influence of alcohol level 0.158% in the blood alcohol level among the blood transfusion around 18:20, the Defendant driven the front road in front of an elementary school at the Man-si Kim Jong-si at the Man-si at Kim Jong-si, and led the Defendant to drive the vehicle in front of the elementary school at the front of the city at the elementary school at the front of the city.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the Defendant did not perform such duty of care due to the influence of alcohol as above, and was negligent in the course of duties that did not recognize the Defendant’s vehicle for the victim C(Y, 44 years old) driving DK7 years old driving at the front of the Defendant to reduce speed at the speed of the speed of the speed, the Defendant suffered from the injury, such as crums and tensions that require approximately two weeks of treatment to the victim C due to the impact of alcohol, and the injury to the victim E (the victim E, who is 46 years old) that had no two common conditions in order to provide approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle B in the state of alcohol alcohol leveling to 0.158%, while under the influence of alcohol leveling at approximately 900 meters on the road from around the full border terminal located in Man-Eup at the time of Kim Jong-si in the day set forth in paragraph (1) to the place set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. A report on whether to drive any danger;

1. A traffic accident report;

1. Application of Chapter Two Acts and subordinate statutes to medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 of the Road Traffic Act concerning criminal facts.

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