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(영문) 전주지방법원 2017.07.18 2017고단293
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 13, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Jeonju District Court for a violation of the Road Traffic Act, and a fine of KRW 5 million by the same court on March 27, 2008 due to the same crime, etc.

1. The defendant is a person who is engaged in driving of a motor vehicle with C highest driver's license in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 2, 2017, while under the influence of alcohol level of 0.111% among the blood transfusion around 22:00, the Defendant driven the front road D in front of the front city of Jeonju with the southside from the front bank to the south bank.

At the time, the location was at night and the signal was installed on the front door, so there was a duty of care to prevent accidents by checking well the front door in the person engaged in driving business.

Nevertheless, Defendant 1, while driving a motor vehicle without due to the influence of alcohol due to the difficulty of normal operation, was due to the Defendant’s failure to properly look at the front of the motor vehicle while driving the motor vehicle in the victim F (hereinafter 54 years old), which was stopped pursuant to the stop signals in front of the Defendant 1, was found to be late behind the motor vehicle of the victim F (hereinafter 54 years old), and was negligent in performing duties in failing to operate the operation of the brake, Defendant 2 received the back portion of the said motor vehicle of the victim’s driver’s vehicle at the front part of the motor vehicle of the Defendant 1, and suffered the victim’s injury, such as a shoulder, tension, etc., which requires approximately two weeks of medical treatment.

2. When the Defendant was under the influence of alcohol level of 0.11% during the day-to-day alcohol level under paragraph (1), he driven a motor vehicle with three km km on the road located in E in the front road located in the Don-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), from the front Jin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the front road in the Jeonsi-gu Special Metropolitan City (Seoul Special Metropolitan City).

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. A report on whether to drive any danger;

1. The actual survey report on traffic accidents;

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