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(영문) 전주지방법원 2018.01.23 2017고단1455
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 who is engaged in driving a motor vehicle for a franchise in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 8, 2017, the Defendant driven the said car at a level of 0.157% alcohol level among blood transfusions, while making it impossible to drive the car normally, and driven the front road located in Seojin-gu, Seoul Special Metropolitan City into two-lanes among the three-lanes on the back of the old car at the back of the flow-distance, while driving on the two-lanes of the FF (40 years old)’s left left side of the vehicle parked at the three-lanes of the same direction, and taking the front side of the said car at the right side of the Defendant, who is the victim of the said car, who is the victim of the said rocketing (age, 12 years old), I (age, 9 years old), J (age, 12 years old), J (age, 12 years old), and 12 years old-gu, respectively, for about two weeks in need of medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a motor vehicle under the influence of alcohol level of about 0.157% in a section of about 5 km from the roads in front of any restaurant located in the Dong-gu Busan Metropolitan City Gyeong-gu Gyeong-gu Gyeong-gu Gyeong-dong, Seoul Metropolitan City to the roads in front of the Dong-gu Do-dong Do-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) 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 reason for sentencing under Article 62-2 of the Criminal Act is that vehicles are covered by a comprehensive insurance, on the other hand, the defendant has been punished due to drinking driving, etc., while driving in the state of drinking and causing traffic accidents.

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