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(영문) 전주지방법원 2017.10.10 2017고단1418
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person driving B car free cars.

On June 30, 2017, the Defendant, while driving the said vehicle under the influence of alcohol content of 0.189% among blood transfusions on June 18:58, 2017, was under the influence of alcohol, and was under the influence of driving the said vehicle on the road of the front Jinjin-gu Seoul Special Metropolitan City 7-ro 25-ro.

Since there is a narrow road of one lane, a driver has a duty of care to safely drive a motor vehicle in front, rear, and left and right of the person engaged in driving, and not drive a motor vehicle in a state where normal driving is difficult due to drinking.

Nevertheless, due to the negligence of the Defendant’s neglecting this, the Defendant discovered that the Defendant’s vehicle was moving behind the Defendant’s vehicle at the rear direction and stopped, and received the front right side part of the Defendant’s vehicle, following the left side part of the Defendant’s vehicle.

Ultimately, the Defendant, as such, sustained injury to the victim, such as climatic salt, tension, etc., which requires a two-day medical treatment, by negligence, while driving a motor vehicle in a situation where normal driving is difficult due to drinking.

2. On the day specified in paragraph (1), the Defendant driven B car string in the state of alcohol alcohol concentration of approximately 0.189% from the 1km section to the place specified in paragraph (1) from the 1km-gu Song-gu, Seoul Special Metropolitan City.

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. 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 Article 148-2 (2) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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