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(영문) 전주지방법원 2018.11.06 2018고단1516

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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 a BM3 car.

The Defendant driven the said car on duty and driven by 0.111% alcohol concentration during blood, and was significantly difficult to drive normally, on June 20, 2018, at the first-lane of the two-lane road in front of the church and the second-lane of the 116th century, the two-lane of the front of the church, namely, the one-lane from the front of the church.

On the other hand, there was a vehicle stopping in the front-round red signal, so in such a case, there was a duty of care to safely operate the steering employee by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, caused the victim E (e.g., 62 years of age) who gets on board the back seat of the passenger car for the above SM3 passenger vehicle by shocking the back part of the Pasatat vehicle in the front part of the passenger car, which was driven by the occupational negligence in the front of the math, and caused about two weeks of age to suffer light salt in need of treatment.

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. A report on whether to drive any danger;

1. Statement protocol (C);

1. Application of Acts and subordinate statutes (E);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the Defendant sustained an injury by driving under drinking alcohol while driving under the influence of alcohol despite the fact that the Defendant had been punished for driving under drinking.

(b).