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(영문) 전주지방법원 정읍지원 2017.11.30 2017고단297
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On July 8, 2017, the Defendant, while under the influence of alcohol 0.184% from blood alcohol level around 02:01 on July 8, 201, 201, she was able to drive normally, such as fluoring off and walking, but she was unable to drive normally. However, the Defendant, while driving a vehicle with BM520, she driven the three-distance road in front of the Han KM520 and driven toward the high water level on the side of the king.

However, given that a red light was an intersection with on-and-off signal installed, the Defendant engaged in driving service temporarily stops prior to a three-distance entry, and confirmed whether there was a vehicle driving the front side and the right and the right and the right and the right and the right and the right should be checked, and even if it is necessary to safely drive the vehicle in accordance with the new subparagraph, the Defendant sustained the injury of the victim C (57 years old) who driven from the high-speed public terminal in the above three-distance line due to the occupational negligence of the victim C (57 years old) who driven from the high-speed driver’s seat door of the said SM520 vehicle, by taking the even parts of the driver’s seat door of the said SM520 vehicle as an auxiliary seat of the passenger vehicle for the said SM520 vehicle, and sustained approximately two-day medical treatment for the victim E (the 25 years old and damaged vehicle) who is the victim and the injured vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Each written diagnosis;

1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;

1. Application of Acts and subordinate statutes to traffic accident reports;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 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 imprisonment with prison labor chosen;

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 Articles 62-2(1) and 62-2(2) of the Criminal Act is the time when the defendant commits a crime.

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