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(영문) 전주지방법원 2018.01.16 2017고단1666
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 engaged in driving a motor vehicle B with detached motor vehicles.

On July 27, 2017, the Defendant was under the influence of alcohol level 0.213% among blood transfusions, and it was difficult for the Defendant to drive the said car normally. From the front of a restaurant located in the Song-jin-dong, Jeonju-gu, Seoul to the road located at approximately 150 meters away from the 4km-gu, Jeonnam-gu, Jeonnam-gu, Jeonnam-gu to the front side of the vehicle-only road, the Defendant was under the influence of driving the said car on the road on the side of "Incheon-gu, Jeonju-gu," from the front side of the vehicle-only road to the road at approximately 150 meters away from the 4km-do, the Defendant was under the influence of the victim C (the age 45) who was normally driven on the right side of the DNA car, and was under the influence of the victim C (the age 45) who was under the influence of the Defendant’s front side of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. A report on whether to drive any danger;

1. Reports (1), (2) on traffic accidents;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include an agreement with the victim on the grounds of sentencing and Article 62-2 of the Act on the Order to Provide community service and attend lectures, and vehicles are covered by comprehensive insurance, there is no criminal record against the defendant, on the other hand, the defendant was driving while driving the vehicle at a very serious level, and on the other hand, the defendant was driving the vehicle while driving the vehicle on an exclusive road.

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