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(영문) 전주지방법원 정읍지원 2018.05.15 2017고단144
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

On March 4, 2017, the Defendant, while under the influence of alcohol level of 0.109% among blood alcohol leveling around 22:40, the Defendant, while driving a motor vehicle with a view to driving a motor vehicle with a view to driving a motor vehicle with a view to having difficulty in driving a motor vehicle with a view to driving a motor vehicle with a view to driving a motor vehicle with a view to driving a motor vehicle with a view to driving a motor vehicle with a view to driving a motor vehicle with a view to driving a motor vehicle with a view to driving a motor vehicle with a view to driving a motor vehicle with a view to driving a motor vehicle with a view

However, at that time, it was difficult to keep the surrounding areas due to the night and street lamps, so in such a case, the driver had a duty of care to prevent accidents by safely operating the front door in a safe way.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this duty of care, went beyond the center line without care, was driven by the victim E (33 ) who was coming from the center and was driven by the victim E (33 ). The Defendant was placed as the front driver of the said Le-K7 car.

Ultimately, the Defendant, while driving a car in a state where it is difficult to drive the car normally due to alcohol, suffered injury such as salt, tension, etc. by negligence in the course of performing such duties that requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A survey report on actual condition, a statement on the circumstances of the driver in charge, and a report on the detection of the driver in charge;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs by cutting on-site photographs and black stuffs images;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes for which punishment is more severe shall be aggravated, and the lower limit shall be the same.

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