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(영문) 전주지방법원 2016.11.22 2016고단1309
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C-III cargo vehicles.

On August 2, 2016, the Defendant driven the said cargo without obtaining a driver's license under the influence of alcohol level of 0.201% with a blood alcohol level of 0.201% on August 2, 2016, and tried to turn to the left on the lot apartment, while driving the said cargo at a two-lane road in front of the Emart in front of the Empt D in the front region of the front city of the front city at the speed of about 20km from the right side of the West, along with one-lane from the right side of the West.

At the same time, the surrounding area was kept at night, and there was an intersection where no signal is installed at the front of that place, so there was a duty of care to safely drive the vehicle after checking whether there is another vehicle driving on the front side and the left side and whether there is another vehicle driving on the opposite side.

Nevertheless, under the influence of alcohol, when the defendant neglected to turn to the left as it is, the defendant was negligent, and the victim F (the age of 46) driven by the victim F (the age of 46) who was driving one lane in the opposite direction of the defendant, brought the front part of the Gbong III cargo vehicle into the front part of the freight vehicle of the defendant's driver, and caused the victim to suffer injury, such as a string of a scarf wall, which requires treatment for about three weeks.

As a result, the Defendant was driving the Cwing-III cargo in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site and vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol), the Road Traffic Act.

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