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(영문) 전주지방법원 군산지원 2018.01.24 2017고단1401
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around September 18, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven a F car with the fourth 4-line lane in front E in the following E-si, Hasan-si, the blood alcohol concentration of which is 0.145% under the influence of alcohol on September 18, 2017, and led the Defendant to proceed along three-lanes along the mast distance from the shooting distance in the hospital of the original university.

At the time, there was a duty of care to prevent accidents in advance by reducing the speed and driving a motor vehicle in good manner on the part of a person engaged in driving service because the motor vehicle in the signal waiting at night was stopped at night and at the front door.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive the said vehicle normally so as to be able to sway down, due to the negligence of driving the said vehicle in a state where it is difficult for the Defendant to drive the said vehicle, and without looking at it well, led to the Defendant to shock the back part of the H cargo vehicle of the victim G (62 years old) who was in the atmosphere of the signal, with the front part of the vehicle of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state of light that requires treatment for about two weeks.

2. On January 2, 2008, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Jeonju District Court on the ground that he/she violated the Road Traffic Act, and on December 27, 2010, he/she was issued a summary order of 2.5 million won for the same crime at the Jeonju District Court on the ground that on December 27, 2010, he/she had the record of punishment twice or more for the same crime.

On September 18, 2017, the Defendant driven a F Kan-Pon car with approximately 100 meters alcohol concentration at approximately 0.145% while under the influence of alcohol from the front of the distance from the K-Pon University School in the Hansan-si, Seoul Special Metropolitan City to the front of the E-V located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a survey report on actual condition and the results of the crackdown on drinking driving;

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