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(영문) 전주지방법원 2018.02.20 2017고단2256
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 (Bodily Injury resulting from Risk Driving) is a person who is engaged in the driving of a rocketing car. On November 11, 2017, the Defendant driven the said car while under the influence of alcohol level of 0.241% during blood transfusion at around 23:05 and proceeded with the left-hand lane from the sloping distance of the road in front of the “E” located in YU-gu D at the Jeonju-gu at the Jeonju City.

In such cases, all drivers shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance by accurately manipulating the front, rear, left and right, and the steering and brake system.

Nevertheless, the Defendant, as a result of the influence of drinking, was negligent in driving while driving in a state where normal driving is difficult due to the influence of drinking and driving without properly examining the front side, and caused the Defendant to suffer injury, such as climatic dump and tension, which require approximately two weeks of treatment, by shocking the back part of G K5-si driving G K5-si, waiting for the signal to turn to the left at the front side of the Defendant’s driving direction.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a rocketing car under the influence of alcohol by 0.241% in the 5km section from the front side of the “Dual Sea” in the Yasan-gu Seoul Metropolitan City, the front side of the “E” to the front side of the “E” located in the same Gu D at the time immediately preceding 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. Notification of the results of regulating drinking driving;

1. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

1. Response to the results of blood collection appraisal;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning the crime (the act of causing bodily injury to the driving of danger) and the Road Traffic Act.

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