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(영문) 전주지방법원 2017.11.28 2017고단1719

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. On August 3, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving of B-wing and F-F-F-F-F-F-F-F-F-C-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

Since there is no signal signal, there was a duty of care to prevent accidents in advance, such as reducing speed or temporarily stopping the vehicle to check whether there is a cross-road.

Nevertheless, the Defendant neglected to turn to the left while under the influence of alcohol and neglected to turn to the left, and received the front part of the victim C's DMF7 car that was located in the opposite lane as the front part of the above cargo vehicle.

As a result, the Defendant, while having difficulties in driving normally due to the influence of drinking, was driving the above cargo vehicles by negligence in the above business, and suffered injury to the victim, such as a hot spring, which does not have two mains of open medical treatment for about two weeks.

2. On August 3, 2017, the Defendant: (a) driven B cargo vehicles under the influence of alcohol content of about 0.193% at a certain restaurant located in the Yellow Dok-si, Kim Jong-si, from around 3km to the entrance road of Kim Jong-dong, Kim Jong-si.

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. 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) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

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. The Criminal Act, the suspension of execution;