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(영문) 전주지방법원 2017.11.07 2017고단1103
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 one year 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 by stopping D in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 26, 2017, the Defendant, while under the influence of alcohol concentration of 0.230% in blood, was unable to drive normally due to the influence of alcohol leveling around 01:47, the Defendant was driving along two lanes in the front line from the front line apartment room to the front line room of the front line, as in the front line of the front city.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, Defendant 1 suffered bodily injury, such as climatic salt and shores, which require approximately two weeks of treatment to the victim E due to the influence of alcohol, due to the occupational negligence of finding the Fstynael taxi of the victim E ( South, 66 years old) who was in the atmosphere due to the failure to perform such duty of care as above, and caused the victim E to suffer bodily injury, such as climatic salt and tension, which require approximately two weeks of treatment to the victim E due to the shock.

2. Violation of the Road Traffic Act (drinking) was driven by the Defendant in a state of alcohol alcohol level of about 1.5 km from the middle school near the Busan Elementary School at the front city in the front city of the day referred to in paragraph (1) to the place referred to in paragraph (1). It was driven by the Defendant while under the influence of alcohol level of about 0.230% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection;

1. The circumstantial statement report;

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

1. A written appraisal of alcohol during blood;

1. Application of Chapter Two Acts and subordinate statutes to medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Commercial concurrence;

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