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(영문) 전주지방법원 정읍지원 2018.11.13 2018고단403
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On August 21, 2018, the Defendant divided the horses into alcohol level of 0.261% among blood transfusions, and the body was unsatisfyed and other normal driving is difficult, despite the difficulty of driving the said automobiles, the Defendant driven the said automobiles at a low speed from the east to the east of the east of the west-gun, Seoul Special Self-Governing Province.

In such a case, the driver had a duty of care to prevent accidents by safely operating the front door in a safe way.

Nevertheless, under the influence of alcohol, the Defendant, while driving the said vehicle without neglecting such duty of care, was due to the negligence committed by the center line while driving the said vehicle, and the part of the victim C(54) driving the vehicle to the seat of the east of the east of the east of the east of the east of the driver’s seat of the driver’s vehicle C(54) driving on the east of the east of the said vehicle.

Ultimately, while driving a car in a state where it is difficult for the Defendant to drive the car in a normal state of alcohol, the Defendant suffered from the injury, such as “influoral salt,” which requires approximately two weeks of treatment by negligence on the part of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A map showing the scene of an accident on a traffic accident report;

1. An accident scene photograph;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to the victim's diagnostic report stating the use of a drinking measuring instrument;

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) 1 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 Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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