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(영문) 전주지방법원 군산지원 2020.03.09 2018고단380
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 became final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in the business of driving a motor vehicle B-hurf X-D pursuant to the Act on the Aggravated Punishment, etc. of Specific Crimes;

On February 22, 2018, the Defendant, while under the influence of alcohol around 23:45, the blood alcohol concentration of 0.188%, was driven by the Defendant’s roads near the Hasan-si C building in the direction of D elementary intersection in the direction of south.

At night at the time, the victim E (the age of 26) stopped on the side of the road in the direction of the road and opposite to the direction of the road, and the above road has many motor vehicles parked and stopped on the side of the road. In such a case, the driver of the motor vehicle has a duty of care to properly operate the steering gear and brakes and to safely drive them by properly operating the steering gear and brakes while thoroughly viewing the steering and the right and the right and the right.

Nevertheless, the Defendant neglected this and got the front part of the right side of the above copic vehicle in front of the above copic vehicle while driving the above copic vehicle in a situation where it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and caused the above copic vehicle to be pushed back by the above shock, and the above copic vehicle was pushed back and stopped later.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant was driving a motor vehicle in violation of the Road Traffic Act on the road under the influence of alcohol by 0.18% with the blood alcohol concentration at the time and place specified in paragraph (1).

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. The report on the actual situation, the photo of the accident site, the notification of the results of the drinking driving control, the report on the state of the drinking driver, and the report;

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