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(영문) 전주지방법원 2017.02.14 2016고단2149
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

The defendant is a person who is engaged in driving a cuss car in C.

On October 19, 2016, the Defendant driven the said car under the influence of alcohol level of 0.124% among the blood transfusion around 18:30 on October 19, 2016, while driving the said car, and driving the road in front of the Won-gu Seoul Metropolitan City D at the front city of the front city along the three-lanes of the peace shooting distance at the front city, using the king Spans Spans Spans Spans Spans of the front city, the Defendant had a duty of care to prevent the accident in advance by accurately manipulating the Frans of the Grans of the front city and maintaining the safety distance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving the vehicle, and the Defendant was found to have driven the vehicle in front of the Coos car in front of the Coos car, which was set temporarily in order to make a right-hand on the part of E Hanwon by negligence.

The Defendant, as seen above, driven a car in a state where normal driving is difficult due to influence of alcohol and suffered from the victim H (V, 46 years old) and I (L, 48 years old) who is the partner of the car in the franchise, respectively, for two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of H and I;

1. A traffic accident report;

1. Voluntary accompanying report;

1. A report on the detection of a driver at a driving school, a report on the circumstances of the driver at a driving school, the appearance, uniforms, language, attitudes of the driver at a driving school, a report on whether the driver at a driving school is in danger, and the ledger of the user of a

1. Application of Acts and subordinate statutes of each written diagnosis;

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, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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