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(영문) 전주지방법원 2018.09.04 2018고단1204
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 16, 2018, the Defendant, at around 23:30 on the road traffic law, driven a car with B low alcohol level of alcohol level of at least 0.157% while under the influence of alcohol level of at least 0.157% from a gold-type funeral parking lot at Kim Jong-si to the front day of the same city, only from a gold-type funeral parking lot at around 23:30 on the same day.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a motor vehicle with the highest speed above at the time specified in paragraph (1) and was driving the said D apartment in a two-lane distance from the front side of the said D apartment in the direction of viewing distance at the intersection of the virtue.

No driver of a motor vehicle shall drive a motor vehicle while under the influence of alcohol in a state where it is difficult for the driver to drive the motor vehicle normally as intended when he/she operates the steering gear, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant, while driving under the influence of alcohol with 0.157% alcohol concentration in blood that is difficult to drive normally, such as breathing snow and shaking of walking, was driven by a victim C (49 years old) who was driven before the Defendant’s running direction.

D Launaly, part of the back of the vehicle was received as the front part of the vehicle above.

Ultimately, the Defendant suffered injury to the victim, such as the need to give approximately two weeks of medical treatment due to occupational negligence, and salvinal finites.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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

1. Notification of the results of regulating drinking driving;

1. A report on whether to drive any danger;

1. Statement protocol (C);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

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 1.

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