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(영문) 전주지방법원 군산지원 2019.06.28 2019고단352
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K5-car.

On March 13, 2019, the Defendant, while under the influence of alcohol of 0.142% of blood alcohol concentration, driven the said K5-lane three-lane from the 2-lane to the 3-lane in the direction of the white-sloping distance, changing the vehicle from the two-lane to the three-lane in the direction of the white-sloping distance.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, failed to properly operate the front-time city and operation of the operation system, caused the fM5 vehicle back of the victim E (the 56-year-old driver) who was stopped in the front-time room by negligence.

Ultimately, the Defendant driven the said K5 vehicle in a state where normal driving is difficult due to influence of alcohol, and sustained injury such as salt, tension, etc. in need of a two-day medical treatment to the victim E, and suffered injury to the victim G (the age of 66) who was on the said SM5 vehicle in need of a six-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The actual survey report and on-site photographs;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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