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(영문) 전주지방법원 군산지원 2018.04.13 2017고단1605

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 engaging in driving a BMW car.

On November 26, 2017, the Defendant driven the said car under the influence of alcohol content of 0.15% during blood transfusions, and proceeded with a two-lane road in front of 198, as the Osan City games, from the side of the Korean Hospital, at a speed of about 40km in the speed of 190km, depending on two-lanes from the direction of the Korean Hospital.

Since there is an intersection where signal lights are installed on the front side of that place, there was a duty of care to prevent accidents in advance by driving safely while checking whether there are other vehicles waiting for signal while driving a motor vehicle with the front side and left side.

Nevertheless, the Defendant neglected to do so and neglected to do so, and took care of the horses, thringing, unbrupted, and faceed with red change, and was in the front of the signal at the front of the signal at the right side of the instant BMW car by negligence and without examining the front side, and received the rear part of the DAW car, which was in the front of the right side of the said BMW car.

As a result, the Defendant suffered from the injury of the victim and the victim E (18 tax) who operated the said BMW car in a state where it is difficult to drive the car normally due to the influence of alcohol, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (1) (1)

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

1. A report on the occurrence of each traffic accident in preparation C and E;

1. Application of each written diagnosis (C and E) statute;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by each dangerous driving);

1. Article 40 and Article 50 of the Criminal Code of the Commercial Concurrent Crimes (which is between crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving)).