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(영문) 전주지방법원 2017.02.14 2016고단2154

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

On August 24, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act in the Jeonju District Court’s Eup branch on August 24, 2006, and on July 21, 2014, a fine of KRW 5 million was issued by the Jeonju District Court on July 21, 201 as a crime of violating the Road Traffic Act and the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 5, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle at around 21:19, in a state where normal driving was impossible, such as 0.14% alcohol level in the blood while drunk, she sniffly snife, snife, snife, and walking, etc., while driving a three-lane truck, and driving the E On the front side of the victim E, which is in Kim Jong-si D in Kim Jong-si, due to negligence on the front side of the two-lane while neglecting the duty of the front side in the front side of the two-lane, caused the victim FF driver’s G K5 passenger vehicle at the front part of the Defendant’s vehicle to suffer about two weeks of alcohol level in the front side, and caused the victim by its shock, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Statement report on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving, report on whether to drive a drinking, and inquiry about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A medical certificate;

1. Evidence and photographs of the traffic accident scene;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

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

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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (the following grounds for sentencing)