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(영문) 전주지방법원 2018.10.02 2018고단1182
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a horse set car in B.

On May 31, 2018, the Defendant driven a car with alcohol content of 0.163% in blood at around 00:20, while under the influence of alcohol, and turned to the left of the road in front of the “D Hospital” located in the Ysan-gu Seoul Special Metropolitan City at the time of Jeonju, the Defendant turned to the left from the face of the peace belt at the seat of the peace belt.

At that time, there was a center line installed, so that a person engaged in driving a motor vehicle has a duty of care to drive the motor vehicle on the right side of the center line and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, received the front portion of the F EF Launa car driven by the victim E (61 ) from the victim E (61) in front of the said car due to his occupational department and office, and suffered injury, such as cerebral wave, which requires approximately two weeks of treatment.

As a result, the Defendant was injured by driving a car on the horse at the same end while it is difficult to drive the car normally due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

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

1. A report on whether to drive any danger;

1. Written statements (E);

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. The reason for sentencing of Article 62-2 of the Criminal Act (the scope of recommendations) is [the grounds for the protection and observation and the order to provide community service and attend lectures]. The ground for sentencing of Article 62-2 of the Criminal Act (the scope of recommendations] of the Act on the Punishment, etc. of Traffic Accidents (the injury caused by traffic accidents) occurs (one month to eight months).

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