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(영문) 전주지방법원 2018.05.01 2018고단79
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

On January 7, 2018, the Defendant driven the said car as its services, while under the influence of alcohol concentration of 0.104% under the influence of alcohol level 0.104% due to around 18:20, Kim Jong-si, 2572, U.S. A., 2572, U.S. A., the Defendant driven the said car at the speed of 61-70km from the front bank to the next bank.

At the same time, the vehicle has a lot of traffic, and at the same time the Defendant followed the victim C (V, 59 years old) driving, and in such a case, the driver had a duty of care to accurately manipulate the steering gear and brakes to prevent accidents by maintaining the safety distance, while maintaining the safety distance.

Nevertheless, the defendant, under the influence of alcohol, led the above part of the back of the rocketing car due to the occupational negligence, which led the victim to suffer approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of actual condition investigation for reporting traffic accidents;

1. Statement protocol (C);

1. A medical certificate;

1. Notification of the results of regulating drinking driving;

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

1. Application of Acts and subordinate statutes to a report on risk driving;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] / In the event of minor injury (one month to eight months) in the mitigation area (special mitigation (special mitigation)] / In the case of minor injury (including (1) type, punishment in the case of serious efforts to recover damage).

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