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(영문) 전주지방법원 2017.08.29 2017고단1059
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 one year 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 motor vehicle with soflurd C, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 23, 2017, the Defendant driven the said vehicle with a alcohol level of 0.123% in a state of normal driving due to the influence of alcohol at around 10:15, but the Defendant continued to drive the said vehicle at a speed of about 50 km from the 3-lane of the new underground roadway to the 3-lane of the 50km of the west-gu Seoul Special Metropolitan City.

In such a case, even though the Defendant had a duty of care to see the front side and prevent accidents by accurately operating the steering and steering gear, the Defendant was negligent in neglecting the front side while under the influence of alcohol. On the front side of the victim D(W 47 years old) who was under the influence of the signal, the lower part of the EM3 car in the air was taken as the front part of the Defendant’s vehicle, and due to the shock, the said SM3 passenger vehicle was pushed in the front side of the victim F(W 33 years old), which was under the influence of the signal, and was under the influence of the said SM 3 car, and was under the influence of the victim F(W 33 years old) who was under the influence of the signal, the lower part of the said S3 car was under the front part of the said 3 car, and was under the influence of D, F, and the said 35 years old Ha, the victim of the said Ha, who was under the influence of the said 35 years old.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of alcohol level of about 0.123% during blood alcohol level at approximately 1.5 km in the section of approximately 1.5 km from the water-supply parking lot in the old Sea-gu Seoul Special Metropolitan City Nowon-gu Special Metropolitan City Nowon-gu Special Metropolitan City Nowon-gu Special Metropolitan City Special Metropolitan City Special Metropolitan City 11-gil, a full-time driver’s license (drinking driving) on the same day as paragraph 1 of the same Article.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

1. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

1. Application of Chapter Three Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and the aggravated punishment of specific crimes as to the choice of punishment.

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