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(영문) 전주지방법원 2020.05.19 2019고단2054
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

On November 5, 2019, around 04:25, the Defendant driven the said car under the influence of alcohol concentration of 0.158% at the intersection of the Western C, which is located in 121, Seolsan-gu, Seoul, Jeonju City, under the influence of alcohol level of 0.158%. On November 5, 2019, the Defendant driven the said car at an insular speed along the two-lanes of the two-lane between the two-lanes from the boundary of the red acid.

At the time, there is a new wall, and since the intersection where signal, etc. is installed, there was a duty of care to prevent accidents in advance, such as driving, etc., by taking the front side and the left side in accordance with the new code.

Nevertheless, the Defendant neglected this and neglected to disregard the stop signal while driving the vehicle without examining the right and the right and the right and the right and the right and the right and the driving of the vehicle, which was driven by D department stores on the front side of the victim E(n, 6 years old) driving, was set up by the front part of the Franchisa car in the right side of the vehicle.

As a result, the Defendant got injured by driving a car in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer injury by driving the car for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to photographs by reporting the results of the de facto survey report, on-site and vehicle photographs, drinking driving control results, a report on whether to drive any danger, a medical certificate, and cutting down any accident video;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, shall be applied;

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