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(영문) 전주지방법원 2018.02.06 2017고단2162
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

On October 1, 2017, the Defendant is a person engaged in driving of a motor vehicle B, and the Defendant, while under the influence of alcohol leveling 0.186% of the blood alcohol level from around 23:09 on October 1, 2017, sent to the left at the right-hand turn on the two-lanes of the two-lanes of the Don-gu Seoul Metropolitan City under the influence of alcohol leveling 0.186%.

At this point, there is a center line of yellow solid lines. In such a case, the driver was obliged to safely proceed to the right side of the vehicle while the driver was in a situation where normal driving is impossible due to influence of alcohol, and the defendant was negligent in the left at the center line and by the left side at the right side of the "Electronic Islands" at the end of the "Electronic Islands" as the left side of the victim C (n, 22 years old) driving, waiting at the right side of the vehicle of the defendant, waiting to the left side of the vehicle of the defendant.

As a result, the Defendant suffered from the climatic salt, tensions, etc. that require approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 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 each choice of imprisonment with prison labor;

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. Vehicles are covered by a comprehensive insurance for the reason of sentencing Article 62-2 of the Criminal Act, and on the other hand, the defendant has been punished twice due to drinking driving while driving the center line in the state of drinking.

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