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(영문) 전주지방법원 2019.05.17 2018고단2391
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 two years 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 Bchip car.

On October 19, 2018, the Defendant: (a) around 00:40 on October 19, 2018, while under the influence of alcohol, the Defendant was in an inaccurate state of 0.169% of blood alcohol concentration; (b) where the walking condition is so big that the blood color is very big; (c) but, at the same time, the Defendant driven the said vehicle and proceeded at the intersection of the shock route of 178-1, the hexan-gu Yansan-gu, Jeonnsan-gu, and proceeded at a speed that would not be known by one of the two-lanes of the two-lanes.

At this point, there is an intersection with signal apparatus installed and there was a stop vehicle for the signal waiting, so in such a case, there was a duty of care to operate the brakes properly by properly operating the brakes while living well in the front.

Nevertheless, as the Defendant was negligent in neglecting it while under the influence of alcohol, the Defendant was driven by the victim D (Nam, 34 years old) who was stopped for the signal waiting in the front bank by negligence, and was driven by the victim D (Seoul, 34 years old).

As a result, the Defendant was driving the said franchise-low vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, and caused the victim to suffer salt, tension, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents and photographs on accident sites;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' state statement, and the report on whether to drive any danger;

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 (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; and choice of imprisonment for each sentence, as to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;

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