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(영문) 전주지방법원 2018.07.17 2018고단532
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The defendant is a person engaged in the business of driving motors and bicycles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On January 8, 2018, while under the influence of alcohol 0.138% during blood, the Defendant driven a bicycle with the above engine device under the influence of alcohol 0.138% in a state where normal driving is difficult, and proceeded one lane in front of E, which is located in Yansan-gu, Jeonju-si, Jeonju-si, with the home flusing plane at an aesthetic speed from the inside of the same church, and suffered approximately two weeks from the victim F (69 years old) coming from the front side of the above engine device.

2. The Defendant: (a) driven a bicycle under the influence of alcohol concentration of 0.138% in blood alcohol level without a motor device driver’s license in the section of approximately 2 km from the Do located in Yansan-gu G at the front day of the pertinent day to the above road from the Do located in the front day of the pertinent day.

Summary of Evidence

1. Statement by the defendant in court;

1. The report (i) of traffic accident;

1. On-site photographs;

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

1. A report on whether to drive any danger;

1. The driver's license ledger;

1. A written appraisal of alcohol during blood;

1. Statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of accident images);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing injury to a dangerous driving), Article 148-2 (2) 2, Article 44 (1) (a point of drinking) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 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. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures, has a record of being punished several times due to a non-license or drinking driving.

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