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(영문) 전주지방법원 정읍지원 2018.11.27 2018고단378
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 engaging in driving a motor vehicle B.

On August 25, 2018, the Defendant, while under the influence of alcohol 00:25, at around 00:114% of the blood alcohol level, 0.14% of the face with red light and the body of the Defendant’s body in a non-distance, was difficult to drive normally. However, when driving the said vehicle, the Defendant proceeded with the two-lanes of national highways No. 1 near the new e.g., the e., the e., the e., the e., the e., the e., the e., the e. the e., the e

In such a case, the driver had a duty of care to prevent accidents by safely operating the front door in a safe way.

Nevertheless, under the influence of alcohol, the Defendant, while driving the said vehicle without neglecting the duty of care, was driving the said vehicle on the left side of the road and going to the right side after taking the two-lanes of the victim C(50) driving, while driving the said vehicle on the left side of the road. The Defendant, while driving the said vehicle on the two-lanes, was in front of the right side of the said vehicle.

Ultimately, the Defendant, while driving a car in a state of difficult driving while under the influence of alcohol, suffered injury, such as “influences and tensions,” which requires approximately two weeks of treatment by occupational negligence, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. On-site photographs;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes (C);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act [the punishment shall be heavier.]

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