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(영문) 전주지방법원 정읍지원 2017.10.19 2017고단296
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 July 24, 2017, the Defendant, while under the influence of alcohol 0.204% during blood transfusions on July 24, 2017, 0.204%, was able to drive normally, such as a fluening snow and walking with nature exhausters. However, even though it is difficult to drive normally, the Defendant, who is driving a BK5 car, was moving to the fluence tunnel from the fluench distance on the side of the fluench.

At the time, the center line of the yellow-line is installed at night and at a place where the yellow-line is installed, so a person engaged in driving shall safely by checking the right and the right and the right and the right and the right and the right of the driver.

Despite the need to do so, it was caused by negligence by disregarding the center line of yellow-ray without driving such various safety as such, and by negligence bypassing the center line beyond the center line, the part in front of the victim E(52) driving at the opposite vehicle was driven by the front part of the said K5 vehicle, and the victim E was inflicted on the victim E, who is the passenger of the damaged vehicle, the part in front of the said K5 vehicle, and the part in front of the F.M. car in front of the said K5 vehicle, which requires approximately 2 weeks medical treatment, and the victim G (the 24 years old), which requires medical treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. Each written diagnosis;

1. A traffic accident report;

1. On-site photographs;

1. The ledger of use of a drinking-free measuring instrument, a report on detection of a drinking driver, and the application of statutes;

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 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. A motor vehicle shall be a motor vehicle, the reason for sentencing under Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc., of Social Service Order, in a state of drinking.

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