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(영문) 전주지방법원 정읍지원 2017.11.23 2017고단339
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On July 9, 2017, the Defendant was unable to drive normally while under the influence of alcohol 0.139% during blood transfusions on July 13:50, 2017, 0.139%, such as red, fluencing with nature, leaving the body properly, etc., but, as a result, the Defendant was driving a broad-line truck, which was in front of D Ski-distance in the former Northwest-gun C, by driving it on duty, led to a bypassing the road along the direction of the vice line to the west-gun of the same west-gun located in the vice terminal side of the same military.

However, since there is a center line installed, a person engaged in driving duty has safely circumvented along with the lane by examining the right and the right of the front line.

Despite the fact that there is a yellow-ray center line without driving all the safety steps, the part of the driver's seat of the victim E(40 years old) who temporarily stopped in the opposite line beyond the center line was damaged by the victim's G (the victim 7 years old), H(the victim 7 years old), I (the victim 7 years old), and I (the 4 years old), respectively, by taking the part of the driver's seat of the victim E(the 40-year-old driver's seat of the opposite line) in front and rear the port side of the bent truck.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Each written diagnosis;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The punishment provided for in the former part of Article 37 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 38(1)2 and Article 50 of the same Act (the punishment shall be aggravated by concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the heavier punishment shall be aggravated, and the lower limit of the punishment shall

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