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(영문) 전주지방법원 2017.04.18 2016고단2471
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (drinking) Defendant 1 driven a hnish-do car in the state of alcohol alcohol concentration of about 0.240% from the 4km section of approximately 4km to the shooting distance of the recognized park located in the same Gu Jung-dong, Jung-gu, Seoul Special Metropolitan City.

2. The Defendant is a person who is engaged in driving of a vehicle C with the intention to drive a vehicle C, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 8, 2016, the Defendant driven the said car with alcohol level of 0.240% 0.240% in alcohol during blood, and proceeded to the same mat from the middle elementary school located in the front city of the front city to the front city, the Defendant, while driving the said car from the front city of the front city to the front city of the front city, was unable to drive normally due to influence of alcohol, due to the negligence, while driving as is without due to red on-and-off signals, without taking well into account the traffic situation of the left and right while driving normally is difficult, and without temporarily stopping in the front and rear, proceeded to the right side of the victim D(n, 63 years old) driven in the yellow on the right side of the last direction of the last road of the Defendant driving.

As a result, the Defendant caused an accident by negligence in the course of performing the above duties, thereby causing injury to the victim D, such as tensions, salt ties, etc., which requires approximately two weeks of treatment, and injury to the victim F (V, 40 years of age), and the victim G (V) who was on the same vehicle, to the victim F (V, 42 years of age) who was on board the same vehicle, respectively.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. A report on whether to drive any danger;

1. A traffic accident report;

1. Response to a request for appraisal;

1. Application of Chapter Three Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts.

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