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(영문) 전주지방법원 2018.11.20 2018고단1515
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

The defendant is a person who is engaged in driving a CP car.

The Defendant, while under the influence of alcohol content 0.131% in blood, driven the said car as a service, and driven the said car at a two-lane from the two-lane road in front of the E, located in Yansan-gu, Seoul Special Metropolitan City, on June 22, 2018, around 19:05, the Defendant driven the said car at a speed of about 41 to 50km from the offside of the Military Manpower Administration to the home plug distance.

At this point, there is a lot of vehicle flow, and the defendant is behind the victim F (n, 53 years old) driving Gamburged car, so in such a case, the driver has a duty of care to secure the safety distance with the vehicle in front and accurately manipulate the steering direction and operation system, thereby preventing the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in doing so, she was faced with the back part of the above Amburged car with the front part of the above Amurged car, and caused the tension of a shoulder pipe that requires approximately two weeks of treatment, and the victim H (28 tax) who passed the above Amurged car with the tension and salt, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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. A written statement;

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

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 is on the grounds of sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures.

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