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(영문) 전주지방법원 2017.08.29 2017고단904
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant is a person who is engaged in driving a vehicle C with a certain amount of driver car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 19, 2017, the Defendant driven the above vehicle while under the influence of 0.103% alcohol during blood alcohol during the influence of around 22:30, while driving the vehicle, and driven the road of five lanes in front of the E, located in Yansan-gu, Jeonju-si, Seoul, along the five-lanes of KT private distance from the surface of peace shooting distance.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving service is a person who gets on the way to reduce the speed and to see well the right and the right and the right and the right of the person, and to drive safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and caused the body of the Victim F(18), which was dried on the right side from the left side of the running direction of the Defendant, to go beyond the road by shacking the body of the Victim F(18) on the right side of the Defendant’s driving seat in front of the driver’s seat.

Ultimately, the Defendant, as seen above, sustained the injury of the Defendant, by negligence, who driven a motor vehicle while driving the motor vehicle in a situation where normal driving is difficult due to drinking, to the right pelle executives in need of approximately 14 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the C SP car in the state of alcohol alcohol level of about 0.103% from the 1km section from the front of apartment complex to the place indicated in paragraph 1, only 3 knife-si Automatic Jeju-si, Seoul-si, Seoul-si, Seoul-si, a day-to-day, to the place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

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 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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