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(영문) 전주지방법원 2017.12.26 2017고단1492
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant is a person engaging in driving a vehicle QM3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 6, 2017, the Defendant driven the said vehicle with a alcohol level of 0.128% in a state where normal driving is impossible under the influence of alcohol level of 0.45% during blood, and driven the said vehicle into one lane between the two-lanes in the direction of the hospital in the front city, from the front city of the front city, at the front city, the 294 Ga Bank Sc-distance in the front city of the front city, to the direction of the two-lanes in the opening of the hospital. The Defendant got out of the back of the victim D (n, 37 years of age) driving, waiting for the signal that is going ahead of the mac-car, and sustained approximately two weeks in the front of the right side of the Defendant’s vehicle, and suffered from the cromatic chill and tension, etc. requiring approximately two weeks treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a C QM3 car under the influence of alcohol level of about 0.128% in the section of approximately 1km from the day before the front of any drinking house located in the Ysan-gu, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, to the front of the 287 Hana Bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

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 under Article 62-2 of the Criminal Act is that vehicles were covered by comprehensive insurance and the defendant did not have the same type of criminal records, on the other hand, the shock caused by the accident seems to have been significantly serious in light of the damaged condition of automobiles at the time of the instant accident, etc.

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