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(영문) 전주지방법원 군산지원 2017.10.11 2017고단788
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 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 motor vehicle B in high-priced car.

On April 5, 2017, the Defendant driven the said car under the influence of alcohol content of 0.122% during blood transfusions on April 21, 2017, and proceeded with the D convenience store in the following city C with the front of the Dial convenience store in the agricultural sspaves room in the agricultural spaves room.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front side and left side well and accurately operating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive under normal conditions such as smelling, fluoring, red and fluoring, and neglected to do so, and received the part under the right side of the victim E (the age of 56) who was walking on the right side of the running direction of the Defendant, which was driven by the Defendant, after the right side of the vehicle driving.

As a result, the Defendant suffered injury such as salt, tension, etc. in the part of the detailed elbows in need of approximately two weeks’ treatment due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.

2. The Defendant violated the Road Traffic Act (drinking) driving a motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.122% from the 50-meter section to the place where the accident described in paragraph 1 is located in the Hasan-si, Young-si. In the day specified in paragraph 1, the Defendant driven a motor vehicle with B under the influence of alcohol content of at least 0.12%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition, a statement on the circumstances of a driver driving, a notice on the results of crackdown on drinking driving, an inquiry into the results of crackdown on drinking driving, and a report on whether to drive any danger;

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

1. Relevant Articles of the Act concerning the facts constituting the crime;

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