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(영문) 전주지방법원 정읍지원 2016.10.13 2016고단358
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of CPoter cargo vehicles;

On July 3, 2016, the Defendant driven the above cargo while under the influence of 0.131% of blood alcohol level on July 15:52, 2016, and proceeded at a speed of about 30 km in the speed of at least 10 km in front of the Maduk Elementary School, which is located in 1971, in the draft of the documents in the west-gun located in the front north-do located in the front north-do.

Since there was a road where the center line of yellow-ray was installed, in such a case, there was a duty of care to thoroughly operate the vehicle driving person in the front line and to safely operate the vehicle.

Nevertheless, the Defendant was driven by the victim D (year 71) who was under normal straight speed in the opposite lane due to the negligence of driving the central line while he was under the influence of driving while neglecting this, and was driven by the Defendant as the front part of the freight driven by the Defendant.

Ultimately, the Defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim FF (the age 66) who was on board the above damaged vehicle for about 4 weeks, such as diversal dynasium, dynasium, tension, etc. in need of medical treatment for about 2 weeks.

2. The Defendant, at the time and place specified in Paragraph 1, driven C Poter Cargo Vehicles while under the influence of alcohol of 0.131%, as stated in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. A written report from an employee of an employer;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) and the Road Traffic Act as to the crime under the corresponding provision of the Act.

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