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(영문) 전주지방법원 남원지원 2019.02.12 2018고단287
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2018, the Defendant: (a) around 18:10, the back road B in front of Namwon-si, with a blood alcohol concentration of 0.159%; (b) the Defendant divided the two-way two-way two-way two-way two-way two-way two-way two-way one ton of the two-way two-way two-way two-way two-way two-way two-way two-way two-way two-way two-way two-way two-way one

At the time, the road width that can run as a night road and a side-way road without a median line was narrow, so there was a duty of care to accurately operate the steering wheel and brakes while looking at the front line and prevent accidents by operating the steering wheel and brakes accurately.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in not operating the brakes properly, was faced with the front part of the Defendant’s vehicle in front of the front part of the Defendant’s vehicle E(the age of 39) driving.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, suffered injury to the said victim, such as dump dump, tension, etc., which requires a medical treatment for about two weeks. At the same time, the Defendant suffered injury to the victim G (V, 38 years old), who was on board the damaged motor vehicle, such as various parts of spine inverte, which require a medical treatment for about two weeks, and suffered injury to the same victim H (V, 63 years old), such as cump dump, tension, etc. which require a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A medical certificate (E, G, and H);

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control of drinking driving;

1. Article 148 (2) 2 and Article 44 (1) of the relevant Act on the Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018);

1. The Commercial Concurrent Crimes Act.

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