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(영문) 전주지방법원 2017.09.26 2017고단1292
특정범죄가중처벌등에관한법률위반(위험운전치상)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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in driving of a motor vehicle with soflurd C.

On June 26, 2017, the Defendant, while under the influence of alcohol concentration of 0.139% during blood transfusion, was unable to drive normally due to the influence of alcohol leveling 0.139%, was driving the said car by driving the instant car in one-lane from the surface of KT shooting distance to the surface of the ST apartment distance shooting range.

In this case, there was a duty of care to prevent accidents in compliance with traffic laws and regulations by accurately manipulating the front and rear left and right of the vehicle driver and the steering gear.

Nevertheless, the Defendant was negligent in the course of business beyond the central line that was installed due to the influence of alcohol as above and caused injury to the victim, due to the shocking of the victim D ( South, 59 years old) who was in the atmosphere of the signal signal, due to the shocking of approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a C-Woo-Wood vehicle on the road at approximately 2 km section from the beer House to the place stipulated in paragraph (1) of this Article, while under the influence of alcohol by 0.139% during the day-to-day alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report;

1. Notification of the results of regulating drinking driving;

1. Report on the circumstances of the driver at home;

1. A survey report on actual conditions;

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 and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

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 1.

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