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(영문) 전주지방법원 군산지원 2018.09.14 2018고단725
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person engaged in driving a vehicle for the use of SM3.

1. On June 2, 2018, the Defendant driving the said vehicle under the influence of alcohol content of 0.163% in blood around 06:15 on June 2, 2018, and driving the said vehicle in the direction of a shooting distance away from the military university in the direction of the military industry university.

Since the location is a road on which signal lights are installed, there was a duty of care to safely proceed to a person engaged in driving cars in accordance with the new code.

Nevertheless, the defendant's negligence in violation of the traffic signals under the influence of alcohol to the extent that the driving of the vehicle by the defendant is unclear, and the part of the front part of the FM3 car driven by the victim E (hereinafter referred to as 65 years old) who was in a direct progress from the left side of the vehicle driving direction to the right side in accordance with normal signals was shocked by the defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as a cage cage cage fage fage fage fage fage fage fage fage fage fage

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven BM3 automobiles at the 1km section of the road located in the area front of the D gas station located in the military, mountain, and mountain-si, mountain-si, mountain-si, mountain-si, mountain-si, and mountain-si, mountain-si, mountain-si, and mountain-si, mountain-si, mountain-si, and mountain-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The actual investigation report on traffic accidents and on-site photographs;

1. Investigation report (victim E telephone call);

1. Application of Acts and subordinate statutes of a medical certificate;

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

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