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(영문) 전주지방법원 2018.08.14 2018고단1011
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 7, 2018, the Defendant: (a) driven a CK-5 car while under the influence of alcohol content of about 0.242% in the 1 Km section from the beerway to the front path of teachers in the same Seocho-dong from the beerway to the frontway of the faculty in the same Seocho-dong, U.S.-gu, Seoul-do.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said car at the time and around the day specified in paragraph (1) and was driving the said car in front of the teachers’ deduction in front of the teachers’ deduction in front of the front city of the front city at the time of the front city in front of the front city.

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, while driving under the influence of alcohol with 0.242% of the blood alcohol concentration among the blood that the Defendant was under the influence of normal driving, such as the display distance, the Defendant suffered from the injury of the victim D (41 cm) who was under suspension pursuant to the red signal before the Defendant, by taking the back part of the Defendant’s vehicle as the front part of the Defendant’s vehicle and taking approximately two weeks of medical treatment to the victim D, the Defendant sustained from the victim F (26 years of age) who was taking advantage of the above Lone Star for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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. Statement;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (related to attachment of a victim F diagnosis certificate);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury or injury caused by a dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 of the Road Traffic Act.

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