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(영문) 전주지방법원 2017.05.23 2017고단270
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 three-dimensional vehicle in the quantity of the franchise, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 22, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.146% during blood transfusions on January 23:37, 2017, and proceeded with the roads of 203 lanes ahead of the 203 eastsan-gu, Jeonju-si, with the roads of 0.146% under the influence of alcohol level from the south Middle School.

At the time, since it is a road at night and where a center line is installed, there was a duty of care to safely drive a motor vehicle in a situation where it is difficult to drive a motor vehicle due to drinking while driving a motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant’s negligence of driving the center line with the Defendant, led the victim D(60 S) who was proceeding in opposite directions of the Defendant’s running, to the front part of the Eststuna taxi that was driven by the Defendant, with the front part of the vehicle driving.

Ultimately, the Defendant, as such, suffered from the injury of the fluoral dume in need of approximately two weeks of treatment by negligence while driving a motor vehicle in a situation where normal driving is difficult due to drinking.

2. A violation of the Road Traffic Act (drinking driving) driving the Col-do car under the influence of alcohol concentration of approximately 0.146% from the 1km section to the front road of approximately 203 east-gu, Pungsan-dong, Pungsan-dong 2-ro, Pungsan-dong, Pung-dong 2-ro, Pung-dong, Pung-dong 2-dong, the Defendant was driving a Col-do car under the influence of alcohol concentration of approximately 0.146%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

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 injury or injury caused by dangerous driving) concerning the crime and Article 5-11 of the same Act concerning the selection of punishment

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