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(영문) 전주지방법원 2017.08.08 2017고단821
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 a period of two years 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 car in C car free from risk driving (injury or injury caused by risk driving).

On April 17, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.147% in alcohol during blood transfusion 0.25 on April 17, 2017, and continued to turn to the left at the right of left at the right of left the road of four-lanes in front of the front city of U.S. in the front city of U.S. in front of the front city of U.S....

At the time, since it is night and a long distance 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 to refrain from driving the vehicle in a situation where normal driving is difficult due to drinking.

Nevertheless, the Defendant’s negligence of driving a vehicle under the influence of alcohol while neglecting this, and caused the Defendant’s collision with the front part of the driver’s vehicle in front of the driving direction by the victim E (42 ) who stops for the signal waiting.

Ultimately, the Defendant, by negligence, driven a motor vehicle while driving a motor vehicle in a situation where normal driving is difficult due to drinking, sustained the victim’s injury such as climatic salt, etc. which requires a two-day medical treatment, and suffered injury to the victim G (V, 46 years of age) who boarded the same vehicle for about two-day medical treatment, such as climatic and tensions, etc.

2. A violation of the Road Traffic Act (drinking) driving of the Defendant on the same road from the road of Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, to the place indicated in paragraph 1, to the 500-meter section, while under the influence of alcohol level of 0.147% in alcohol level from the road of about 500 meters to the place indicated 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 whether to drive any danger;

1. A report on traffic accidents and a survey report on actual condition;

1. Application of Acts and subordinate statutes of Chapter Two:

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