(영문) 전주지방법원 2018.04.03 2017고단2344

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(영문) 전주지방법원 2018.04.03 2017고단2344

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person engaging in driving a rocketing car.

On October 26, 2017, the Defendant driven the said vehicle while smelling, 0.214% of alcohol concentration in the blood of 01:16, and her walking, but her walking on the lux and face, the Defendant driven the said vehicle and driven the two-lane road in front of the E store located in Yansan-gu, Jeonju-gu, Jeonju-si along a two-lane distance from the edge to the shooting distance of the Musan Fire Station.

Since there are many sections around apartment, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by securing the necessary distance to avoid the collision with the vehicle in front.

Nevertheless, due to the negligence that did not neglect the safety distance and did not secure the safety distance as above, the victim F (42 Do) driving car of the victim F (42 Do) who was parked in the same lane, was able to get the back portion of the victim H(55 Dop-si) driving in the same lane prior to the same lane, with the shocking vehicle in the future.

Ultimately, the Defendant suffered from the victim F’s occupational negligence such as the need to provide approximately two weeks’ medical treatment to the victim F, and the need to provide approximately two weeks’ medical treatment to the victim H, such as the pelumum, the pelum, and the sacrine of the sacrine, and the sacrine of the sacrine.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on whether to drive any danger;

1. A written appraisal of alcohol during blood;

1. Each statement;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 (2) 1 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 Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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