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(영문) 전주지방법원 2018.08.21 2018고단576
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

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

On March 1, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.133% from blood transfusions on March 1, 2018, while making it impossible to drive the car normally, and led to a two-lane road in front of the E, which is located in Yansan-gu, Jeonju-si, Jeonju-si, to drive at a non-speed speed depending on the surface of the Dotori dub distance from the boundary of the commercial site.

At that time, the Defendant was behind a victim F(43) driving one lane in the same direction, and therefore, the Defendant had a duty of care to live well, maintain the safety distance, and safely manipulate the steering and operating the steering gear for the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to pay attention to the front week and failed to operate the steering gear safely, and received the lower part of the said SM5 car as the front part of the said low-speed car.

Ultimately, the Defendant suffered from the injury of the victim and the victim H(3) who was on board the said SM5 car due to the occupational negligence as above, each of which requires approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating drinking driving;

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

1. A report on whether to drive any danger;

1. Statement protocol (F);

1. Application of Acts and subordinate statutes (F, H);

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 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. The Criminal Act, the suspension of execution;

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