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(영문) 전주지방법원 2017.04.18 2016고단2466

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 December 1, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license) driving a motor vehicle with a low alcohol level of at least 0.170% in the section of about 1km from the red elementary school near Pungsan-gu Seoul Special Metropolitan City to the red chilling distance in the same Dong, from around 01:00 on December 1, 2016, the Defendant driven a motor vehicle with a low alcohol level of at least 0.170% in blood without a driver’s license.

2. The Defendant is a person who is engaged in driving of a motor vehicle with C high speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

At around 01:00 on December 1, 2016, the Defendant, without a driver’s license, driven the said vehicle with a alcohol level of 0.170%, while driving from the ebbbbbbb to ebbbb, the Defendant, while driving the said vehicle on the ebbb, in a state where it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, while driving the vehicle in the same direction at the front and rear, while driving the vehicle in the same direction at the front and rear direction without sufficiently examining the traffic situation at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right and the right and right and the right and right and right and the right and right and right and the right and right and right and the right

As a result, the Defendant caused the above occupational negligence, thereby causing bodily injury to the victim, such as two flags after the injury requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. A report on whether to drive any danger;

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 (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2, Article 44 (1) (a point of drinking), subparagraph 1 of Article 152 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 Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.