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(영문) 전주지방법원 2017.12.05 2017고단1720

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

1. On May 15, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) driving, around 03:20, the Defendant driven the CM5 car volume on an expressway between net, net, 71km away from the two-lanes in the direction of net, while driving the CM5 car volume.

It is an expressway and a road with frequent traffic of ordinary vehicles. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front side and the left side and the left side, and accurately manipulating the steering and brakes.

Nevertheless, the suspect neglected to do so and led the victim D(55) driving E-benz back part of the victim D(55) driving which was driven in the same direction by the negligence of driving at the point of the accident, was shocked by the front part of the above SM5 car volume.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as crypum dump, tension, etc. which requires two weeks medical treatment to the victim.

2. On August 15, 2017, the Defendant, while under the influence of alcohol 03:20% from blood, driven CM5 cars at the section of about 35 km from the front of Samcheon-dong in the Jeonju-si to the point of 71 km from the front of Samcheon-gun in the Jeoncheon-si in the Jeoncheon-si in the front city to the point of 71 km from the Hancheon-gu in the Hancheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. A report on whether to drive any danger;

1. A survey report on actual condition (1) and (2);

1. Response to a request for appraisal;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;