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(영문) 전주지방법원 2019.05.31 2018고단2556
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 13, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driven a B-learning car under the influence of alcohol concentration of 0.124% on blood alcohol level on September 13, 2018, and tried to shock the F-V driver’s front gate of the victim E (the age of 29) driving seat of the F-V driver’s driving car, driving the F-V driver’s license of the Defendant with the front gate of the F-V driver’s driving car, driving, driving, driving the two-lane of the three-lane road in front of the Yansan-gu C market at the front city.

As a result, the Defendant, while driving the frighting car in a situation where normal driving is difficult due to the influence of drinking, suffered the frightion of the pertinent frightet, etc., which requires two-day medical treatment to the victim E, and the victim G (31 years old) who is the above frightet, suffered approximately two-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the time and place specified in paragraph (1), and operated the said B-learning car at the section of approximately 500 meters from the Do in front of the Hansan-gu H apartment near the previous week to the intersection in front of the same Gu C market under the influence of alcohol concentration of 0.124% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report and accident site photograph;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' state statement, and the report on whether to drive any danger;

1. Each written diagnosis;

1. Application of the statutes on the register of driver's licenses;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act; subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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