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(영문) 전주지방법원 2017.09.12 2017고단1174
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. The Defendant is a person engaged in driving a car CRa in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 27, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.230% among blood alcohol level around 22:05, and continued to drive the said vehicle under the influence of alcohol level of 0.230% among the two-lanes of the 179-ro, Jinjin-gu, Seoul, Jinjin-gu, Seoul, with the road of one-lane of the three-lanes of the 179-lane of the former apartment.

In such cases, all drivers are prohibited from driving a motor vehicle while normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by safely driving the steering gear and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in the course of duty, and was driven by the victim D (39 tax) who was under a stop for the signal waiting in front of the same direction, with the rear part of the EK7 vehicle being driven by the victim D (39 tax) as the front part of the above vehicle.

As a result, the Defendant suffered, by negligence in the course of business, from driving the said vehicle in a situation where normal driving is difficult due to influence of alcohol, an injury to the said victim, such as climatic salt and tensions that require approximately two weeks of medical treatment, and climatic salt, etc. that requires approximately two weeks of medical treatment to the victim F who was on board the vehicle (the age of 27).

2. On the same date as paragraph 1, the Defendant was driving the said vehicle under the influence of alcohol level of about 0.230% from the 1km section from the front of the honorary restaurant restaurant in the Dong-gu Seoul Metropolitan Autonomous City to the place referred to in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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. The actual survey report;

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