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(영문) 전주지방법원 정읍지원 2017.03.09 2016고단571
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a B Poter freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 7, 2016, the Defendant driven the above cargo while under the influence of 0.152% alcohol during blood alcohol during the influence of around 18:57, and led to the front of the front road for the viewing and listening of Jeong-Eup, which is due to the impulse in front of Jung-Eup at the time of Jung-Eup.

At the time, the night is getting off and getting off, and there was a duty of care to safely drive a person engaged in driving service by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant was negligent in failing to perform his duty at the front time under the influence of the above drinking, while driving the vehicle in the body of the victim C (W, 52 years old) who was waiting for the signal at the front of the same driving direction, and was driven by the victim C (W, 52 years old) who was waiting for the signal at the same direction.

In the end, the suspect was driving a motor vehicle under the influence of alcohol which makes it difficult to drive normally, and the victim suffered injury such as light salt, which requires treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) driving of B Poter under the influence of alcohol leveling 0.152% from the section of about 2 km from the front of the Nin Park in the Si/Eup/Myeon, which is located in the Si/Eup/Myeon, to the place indicated in paragraph (1) 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A copy of the report on detection of drivers of alcoholic beverages and the report on the use of drinking instruments;

1. A traffic accident report;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act (the point of drinking, and the driving of drinking);

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