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(영문) 전주지방법원 정읍지원 2017.07.20 2017고단178
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 April 1, 2017, the Defendant, while under the influence of alcohol 0.160% during blood transfusions on April 1, 2017, she seeed 0.160% of alcohol, and her walking is difficult to drive normally, such as a natural exhauster. However, the Defendant, while driving a motor vehicle to the scambn, she moved the road front of the office in front of the office of the scambng in the boundary of the Northwest-gun, Northwest-gun, Northwest-gun, by driving a motor vehicle to the scambn.

At that time, at the time of the completion of “the event of the audience’s day of the screen”, the Defendant engaged in driving service had a duty of care to check whether the event remains and operate safely by reducing speed and checking the right and the right and the right of the screen.

Nevertheless, the Defendant did not find out the victim C (49 tax) who was under the duty to remove and organize the banner on the road while he was under the influence of alcohol and was under the duty to do so, and received the part of the victim’s left shoulder part of the front part of the truck driving by the Defendant.

As a result, the Defendant, while driving the said truck under the influence of alcohol which was difficult to drive normally, suffered injury to the victim of the instant truck by negligence in the course of performing duties, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (to the extent that long-term punishment is added) of the Criminal Code to increase concurrent crimes.

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