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(영문) 전주지방법원 2016.11.15 2016고단1281
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On June 30, 2016, at around 16:30, the Defendant driven the above cargo while under the influence of alcohol of 0.187% with a blood alcohol concentration of 0.187%, and proceeded on the backway of the trade name “D” in Kim Jong-si, while driving on the backway of the trade name “D” in Kim Jong-si, and made a round to the traditional market at a speed of about 20km from the side of Kim Jong-gu.

Since there is no distinction between the roadway and the sidewalk, there is a flat, etc. on the road along the side, the person engaged in the vehicle driving business has a duty of care to live well on the side and safely drive the road in advance to prevent accidents.

Nevertheless, under the influence of alcohol, when the Defendant neglected to do so, found the reputation set up on the left side of the right side of the Defendant’s running direction at late, received the above reputation in front of the left side of the said cargo vehicle, and caused the victim E (n, 55 years old) who was in front of the victim E (n, 55 years old), and caused the victim to suffer bodily injury, such as the right side of the road where treatment for about two weeks is required.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to the influence of drinking, thereby causing the injury of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A traffic accident report;

1. Notification of the control of drinking driving, a report on the circumstances of drinking drivers, and a report on whether to drive any dangerous motor vehicle;

1. Report on the request for appraisal, and report on the detection of a reemployed driver (blood collection result);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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