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(영문) 전주지방법원 군산지원 2016.10.14 2016고단696
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 of the final judgment.

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 B rocketing and other automobiles.

On July 16, 2016, at around 23:44, the Defendant driven the said vehicle under the influence of alcohol of 0.131%, while normal driving is difficult, and led directly to the two-lane road in front of the D cafeteria located in the Donsan City, Jeollabuk-si, Jeollabuk-do, Jeollabuk-do.

At the time, there are nights and parked vehicles at the edge of the road, and in such cases, there was a duty of care to safely drive by accurately operating the steering boat and the steering gear for the driver of the vehicle.

Nevertheless, the Defendant neglected this and received the back portion of the F Cargo Vehicle driven by the victim E (year 53) who is in the same direction from the front side of the same direction due to negligence in which the Defendant was under the influence of alcohol.

As a result, the Defendant suffered injury, such as salt, tension, etc., of the trend that requires approximately two weeks of medical treatment due to occupational negligence, in such a state that it is difficult to drive normally due to the influence of drinking, such as drinking, drinking, drinking, and strong drinking.

2. On July 16, 2016, the Defendant, while under the influence of alcohol at 0.131% of blood alcohol concentration on July 23:4, 2016, driven a B rocketing car at the 1km section from the front of the towing village located in the Gansan-si movable property of Jeollabuk-do to the front of the D cafeteria located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the results of crackdown on drinking driving;

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

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