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(영문) 전주지방법원 2017.09.19 2017고단1040
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 car with B rocketing in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 1, 2017, the Defendant driven the said vehicle while under the influence of alcohol level of 0.150% during blood transfusion around 22:42, the Defendant driven the said vehicle, and driven the road of one lane in front of the D coffee shop located in Yansan-gu, Jeonju-si, Jeonju-si.

At the time, since it is night and a road installed prior to entry into an intersection, the driver has a duty of care to reduce the speed and safely drive the vehicle by checking well the right and the right and the right of the driver, and not drive the vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol, and the victim E (Woo, 35 years old) waiting for the signal at the front direction of the Defendant’s proceeding, and the part behind the FM passenger vehicle driven by the Defendant was followed by the front direction of the Defendant’s driving vehicle.

As above, the Defendant suffered injury to the victim, such as light salt, tensions, etc. requiring approximately two weeks of medical treatment, by negligence, while driving a motor vehicle in a situation where normal driving is difficult due to drinking.

2. The Defendant violated the Road Traffic Act (drinking) driven the pertinent B rocketing car while under the influence of alcohol by 0.150% from a distance of about 100 meters from the 100 meters to the place indicated in paragraph 1, which is located in the front day of any liquor located in 2A, Plastic-dong 2A at the time immediately preceding the day specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. The actual investigation report on traffic accidents;

1. A report on whether to drive any danger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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