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(영문) 전주지방법원 2018.03.20 2017고단1962
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

The defendant is a person who is engaged in driving of a fixed cargo vehicle C.

On August 18, 2017, at around 09:30, the Defendant driven the above cargo vehicle at the front side of the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, with the alcohol concentration of 0.339% under the influence of alcohol during blood, and proceeded with the first Do road at the speed of about 40 km from the high-speed bank on the surface of the west-gun.

At the same time, the road was bended by a remote slope. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front left left and right well and the steering gear and operating the steering system in a safe manner.

Nevertheless, the defendant neglected this and failed to accurately operate the steering direction and brakes in a situation where normal driving is difficult due to influence of drinking, and thereby, the above cargo was transferred to the right side of the proceeding.

As a result, the Defendant driven the above cargo in a state where normal driving is difficult due to influence of alcohol, suffered from the injury of the victim D (n, 38 years old) and the victim E (38 years old), who are the passengers of the above cargo, such as light fluenites, which require approximately two weeks of care. At the same time, the Defendant driven the above cargo at a level of about 5 km from the ethm from the eth of the eth of the ethropo-Gun in the same Gun, while under the influence of alcohol, while driving at the eth of the ethm from the eth of the eth of the eth of the

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating drinking driving;

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

1. Investigation report (report on the situation of the driver in charge); and

1. A circumstantial report on a dangerous driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;

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