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(영문) 전주지방법원 2018.01.30 2017고단2048

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

At the Jeonju District Court, the Defendant was sentenced to a violation of the Road Traffic Act (drinking driving), a fine of one million won on December 20, 200, a fine of 1.5 million won on March 10, 2006, a fine of 1.5 million won on January 6, 201, a fine of 1.5 million won on January 6, 201, and a fine of three million won on February 26, 2014, respectively.

On October 6, 2017, the Defendant was a person engaged in driving Dwork cars, and the Defendant driven the said car under the influence of 0.133% alcohol concentration among blood transfusion around 16:00 on October 6, 2017, while driving the said car under the influence of 0.133%, and driving the two lanes among the three-lane roads prior to F cafeteria E in the Jeonjin-gu Seoul Metropolitan City.

Since there are many places of vehicle traffic, in such a case, there was a duty of care to operate the steering gear and operation safely by accurately operating the steering gear and checking the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant, at the influence of alcohol, caused the victim’s h option panion part of the victim G (50 S, n, n)’s H option string part of the vehicle in the signal signal at the bend in the bend of the said Hasta car, and caused the victim to suffer approximately two weeks of the Hasta car in need of treatment.

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 traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Selection of penalty: Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. That an agreement has been reached with the victim on the grounds of sentencing in Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures.