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(영문) 광주지방법원 2018.06.21 2018고단1409

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

On February 12, 2018, when the Defendant had a duty of care to drive a vehicle with a alcohol level of 0.327% at around 17:50, the Defendant driven a 800-meter BMW X5 car at the front of the second apartment house located in the Young-dong in Gwangju Mine-dong, and led a two-lane from the front road of the apartment apartment in the Gwangju Mine-gu, Gwangju Metropolitan City, to drive a rush village. Since it was difficult at the time, it was difficult for the Defendant to take the rush road into consideration the traffic situation of the front left and right, and it was difficult for the Defendant to drive a three-lane road without neglecting the duty of care to drive the vehicle, and due to the Defendant’s failure to do so, the Defendant suffered from the victim’s injury to the right side of the DM and the lower part of the 1st day of the 1st day of the 1st day of the 2nd day of the 2nd day of the 3rd day of the 3rd day of the 1st day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

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

1. A written appraisal of alcohol during blood;

1. Each medical certificate (part of a medical certificate);

1. Application of Acts and subordinate statutes on site photographs of each accident;

1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum of the punishments prescribed for each of the above crimes: Provided, That the maximum of the punishments prescribed for the crimes of violation of Road Traffic Act shall be set at the lowest of the punishment prescribed for the crimes of violation of Road Traffic Act);

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

1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend shall be conducted.