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(영문) 전주지방법원 2017.11.07 2017고단614
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is a driver of Cone Star passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 25, 2017, the Defendant, while under the influence of alcohol level of 0.208% from blood alcohol level, who was difficult to drive normally the front road at Kim Jong-si, Kim Jong-si on March 25, 2017, proceeded at the speed of 40-50km from the border bank to the flow of the road at the speed of 40-50km.

As above, Defendant E (62) who was driving under the influence of alcohol and difficult to drive in a normal condition while driving, was faced with the left-hand part of the Fk5 vehicle driven by Defendant E (62) driving in front of the Defendant’s passenger car. The Defendant suffered from the Defendant’s k5 vehicle in front of the Defendant’s passenger car for approximately two weeks of treatment, the Defendant’s k5 vehicle in the direction of light base, and the Defendant’s k5 vehicle in need of approximately two weeks of treatment to the victim G (61 years of age) who is a passenger of the said k5 vehicle, and the Defendant’s H (41 years of age) suffered from the injury of the Defendant’s car, such as datum and tension, for about three weeks of treatment.

2. A night in which the Defendant violated the Traffic Act on March 25, 2017 and the Defendant was in the only accounting of the Si/ Man-Eup at Kim Jong-si on March 25, 2017;

From the cafeteria to the Do in front of the restaurant to the Do in Kim Jong-si D, Cone Star passenger car was driven in the state of alcohol concentration of about 0.208% during blood in the 2km section.

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. A traffic accident report (1) a actual survey report;

1. (2) On-site map of traffic accident reports;

1. Three copies of a medical certificate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 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 Code, and Article 38(1)2 of the Criminal Code.

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