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(영문) 전주지방법원 2017.08.22 2017고단900
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a vehicle B K5 vehicle.

On March 31, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.195% in light of the blood alcohol level from around 21:2 on March 31, 2017, and led to a two-lane road in front of the Korean Sports Center in front of the Ganju National Sports Center in front of the Ganju National Sports Center in front of the Ganju National Sports Center in front of the Gannam-do.

At the time, since it is at night, a person engaged in the driver's business has a duty of care to reduce speed and safely drive a motor vehicle by checking well the right and the right and the right of the driver, and not drive a motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol while driving the vehicle in front of the Defendant’s driving direction, and was driven by the victim C (27 tax) who was parked in the drive of the vehicle in front of the Defendant’s driving direction, with the driver’s front part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the said victim by negligence when driving a motor vehicle in a situation where normal driving is difficult due to drinking, such as a hot spring, which does not have any wife in two open markets where approximately two weeks of treatment is needed.

2. The Defendant violated the Road Traffic Act (drinking) driving the B K5 vehicle in the state of alcohol alcohol concentration of approximately 0.195% in the section of about 15km from the front of any restaurant located in the Seocho-gu Seoul Metropolitan City, Seo-gu to the place specified in paragraph 1 at the time of the day 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. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

1. Response to a request for appraisal;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of penalty;

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