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(영문) 전주지방법원 2017.11.28 2017고단1449

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 30, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.166% at around 15:00, while driving the said vehicle at a speed of 0.16%, and then driving it on the bus stops in front of the bus stops located in 110 in the front city at the front city. On the front of the department store, the Defendant sustained three-lanes of the three-lanes from the side of the department store at the corner of the instant road, while driving three-lanes of the instant vehicle in the same direction, the lower part of the victim C (n, 25 years old) driving the vehicle in front of the right side of the Defendant’s vehicle and suffered injury, such as c and the same passenger E (2 years old) and the same passenger (25 years old) for about two-day medical treatment.

2. Around 15:00 on June 30, 2017, the Defendant driven a B-ro motor vehicle under the influence of alcohol concentration of about 0.16% in the section of approximately 4km to the front of the bus stop located in the front of the urban bus stop located in the 110-day front of the white-le movable apartment located in the Jinjin-gu movable property zone in the Jeonjin-gu Seoul Special Metropolitan City.

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. The actual investigation report on traffic accidents;

1. Application of Chapter Three Acts and subordinate statutes;

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. 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, occupation, living environment, and control for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order and order to attend lectures.