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(영문) 전주지방법원 2018.11.06 2018고단1109
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

1. The Defendant is a person who is engaged in driving a cruise car in B cracks cruise.

On March 30, 2018, the Defendant driven the said car under the influence of alcohol level of 0.132% during blood alcohol level at around 23:40, while making it difficult for the Defendant to drive the said car normally, followed the victim I (23 years) who was a passenger of the said cab to four-lanes in front of the Dwest-gu Seoul Special Metropolitan City, to drive the four-lanes from the E room to the F store, while driving the four-lanes in front of the victim G (52 years old) (52 years old) who was waiting in front of the signal at the front bank, to take the back part of the H Hastst or other si, which was going under the influence of the Defendant’s car, to undergo approximately two-day medical treatment, and to the victim I (23 years old) who was the said cab, for about two-day medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven B beer cruise-car under the influence of alcohol concentration of about 0.132% at the section of approximately 3km from the road front of the mutual influence road located in west-gu, Sonsan-gu, Jeonju-si, Jeonju-si to the road front of the Dwest-gu, Jeonju-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report (i.e., actual investigation report);

1. On-site photographs;

1. Notification of the results of regulating drinking driving;

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

1. A report on whether to drive any danger;

1. Each statement;

1. Application of Acts and subordinate statutes to J oriental medical hospitals and K Hospitals of this Court as a result of inquiry of each fact;

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 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 on the suspended execution;

1. The defendant under Article 62-2 of the Criminal Act and the order to provide community service and attend lectures;

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