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(영문) 전주지방법원 2017.07.18 2017고단743
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 engaging in driving a vehicle C 300C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 24, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.204% in blood at around 22:30, while normal driving is difficult due to the influence of alcohol at around 0.204%, and turned back the road front of the E coffee shop located in Yansan-gu at the Jeonju-si at the Jeonju-si at the front day of the East Sea to the west boundary of the water bank in the East Sea.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the Defendant did not perform the above duty of care due to the influence of alcohol as above, and did not discover the Gmera car of the victim F (F, South, 43 years old) driving that was behind the said 300C car, and did not discover a problem, the Defendant got off the above 300C passenger-type car and suffered injury to the victim due to the shock of the said 300C passenger-type car, thereby causing about 2 weeks of the need for the treatment of the victim.

2. The Defendant, while under the influence of alcohol level of 0.204% during the day-to-day alcohol level under paragraph (1), driven a road within about 10 meters from the eac shop in the front city of the front city to the Eac shop in front of the Eac shop.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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 of the Criminal Act for mitigation of amount;

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