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(영문) 전주지방법원 2016.10.25 2016고단1158
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 engaged in driving a C-A-W

On July 5, 2016, at around 07:30, the Defendant driven the said car while under the influence of alcohol of 0.210%, and led the Defendant to drive the said car at a non-speed speed of the two-lanes near the 10-1-lane 10-19 of the Yansan-gu Seoul Special Metropolitan City Nowon-gu Yandongbrop market at the same time.

In such cases, all drivers are prohibited from driving a motor vehicle while normal driving is difficult due to influence of alcohol, and there was a duty of care to safely drive the motor vehicle by properly checking the traffic situation of the front-way and accurately manipulating the steering gear and brake system.

Nevertheless, under the influence of alcohol, the Defendant neglected the duty of left-hand turn and was negligent in the course of duty going through a two-lane and a one-lane, and was driven by the victim D (W, 45 years old) who was stopped for the signal atmosphere at one-lane in the same direction as the right-hand turn-hand turn-hand turn-hand turn-hand turn-on.

As a result, the Defendant suffered from the injury of climatic salt, etc. in need of approximately two weeks of medical treatment by negligence in the course of driving a car in a situation where normal driving is difficult due to influence of drinking.

2. On the same date and time as set forth in paragraph (1), the Defendant driven the vehicle as set forth in paragraph (1) while under the influence of alcohol with a blood alcohol concentration of about 0.210% from the section of about 8 km in the direction of the Anlley-gu Seoul Metropolitan City to the place as set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, the appearance, uniforms, language, and attitudes of a drinking driver;

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