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(영문) 전주지방법원 2017.11.14 2017고단1504
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle in C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).

On July 22, 2017, the Defendant was unable to drive normally due to the influence of alcohol concentration of 0.199% among blood transfusions on July 22, 2017, and the Defendant came to turn left to the intersection from the Cheongsan-gu Cheongsan-gu, U.S., U.S., U.S., and entered the intersection.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by properly operating the traffic laws and regulations, and by accurately operating the steering gear, steering gear, and brakes.

Nevertheless, the defendant was due to the occupational negligence that caused the left-hand turn due to the influence of alcohol as above and caused the victim to suffer approximately two weeks of medical treatment due to the shock of the victim D(Y, 19 years old) driving Eba car in accordance with the straight line with the above passenger car.

2. Violation of the Road Traffic Act (drinking) driving a C motor vehicle under the influence of alcohol level of about 0.19% on the road at approximately 1.5 km section from the front of any drinking house located in the Tonsan-si Automatic at the front of the day under paragraph (1) to the place under paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to provide community service and attend lectures;

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