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(영문) 전주지방법원 2017.08.22 2017고단949
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving service of the Category B car.

On April 29, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.152% among blood transfusions on April 29, 2017, and led the road of one-lane in front of the shooting distance of the Si Library in the Si Library of Kim Jong-si, North Korea, to the direction of the shoulder market at the location of the tax office.

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 not drive the vehicle in a situation where it is difficult to drive the vehicle normally due to drinking.

Nevertheless, the defendant was negligent in driving so that he was driving on the left side of the victim C (62 Do) who was driving on the left side of the defendant's running due to the negligence of driving under the influence of alcohol, and received the front portion of the left side of the defendant's vehicle.

Ultimately, as seen above, the Defendant, by negligence, driven a motor vehicle while driving a motor vehicle in a situation where normal driving is difficult due to drinking, suffered injury, such as satisfe-guns, etc., after cerebral satch treatment for about two weeks, injury to the victim E (39 years) who is the above taxi passengers, such as catum salt and tensions, which require approximately two-day medical treatment, and injury to the victim F (39 years old), such as catum datums in need of two-day medical treatment, respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said B Ra in the state of alcohol alcohol level of about 0.152% at the section of about 5km from the 5km to the place indicated in paragraph (1) on the roads of the Dobong Agricultural and Industrial Complex located in the Y Kim Jong-dong, Chungcheongnam-si prior to 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. The circumstantial report (whether to drive any danger);

1. A report on the actual condition of a traffic accident;

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