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(영문) 전주지방법원 2018.05.15 2018고단126
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 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 XD lurburt XD lurged by the Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

around 05:55 on January 8, 2018, the Defendant, while under the influence of alcohol leveling 0.112% in blood, was driving the said vehicle in front of the F-F road in Seojin-gu, Seojin-gu, Seoul Special Metropolitan City, the Defendant continued to drive the said vehicle with the opposite intersections recommended from the area of the Jonjin-gu square, under the influence of alcohol leveling 0.112%.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by properly manipulating the traffic laws and regulations, and properly manipulating the steering direction and brakes.

Nevertheless, the Defendant, due to the influence of alcohol, was unable to perform the above duty of care, caused the injury to the victim, such as hST520 car of the victim G ( South, 51 years old) who was in the atmosphere of the signal at the front, due to the occupational negligence of which he was found late to use the HM520 car at the above Amp XD car, and suffered from approximately two weeks of the injury to the victim, such as dump dump, tension, etc.

2. The Defendant has a record of being punished for a fine by driving a motor vehicle under the influence of at least 0.050% alcohol during blood on November 14, 2015 and January 22, 2016.

Defendant 1 driven a car as described in the above paragraph 1 on the road of about 1 km from the front side of Seojin-gu Seoul Special Metropolitan City to the place referred to in the above 1.1., under the influence of alcohol level of 0.12% among the blood transfusion at the time of the day set forth in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. 교통사고 보고⑴⑵

1. Notification of the results of regulating drinking driving;

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

1. A report on whether to drive any danger;

1. A medical certificate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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