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(영문) 광주지방법원 해남지원 2018.11.29 2018고단365

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person engaging in driving a CM car.

On July 31, 2018, the Defendant driven the said car under the influence of alcohol level of 0.186% during blood transfusion around 21:45, while driving the said car, and driving it along the two lanes in front of the oil station in the south Sea-gun of South Korea along the two lanes in the south of Gwangju Sea-gun.

At night, there was a road at night, where the speed limit is 80km per hour, so there was a duty of care to observe the speed limit and to prevent accidents in advance by accurately manipulating the steering and brakes.

However, the Defendant, while neglecting the influence of alcohol, was negligent in proceeding at a speed exceeding 30 km a speed of 30 km per hour, and the Defendant shocked the back portion of the victim B(55 ) driving in the same direction as the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. Defendant B driven a F observer car under the influence of alcohol concentration of approximately 0.196% in a section of approximately 12 km to the roads front of the E station located in the same Gun on the roads in front of the office located in the South-west Sea, South-west, South-west.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. On-site photographs;

1. Statement report on the circumstances of the driver who is placed in each week and investigation report thereon (the situation of the driver who is placed in the same week);

1. Notification of the results of regulating driving of alcohol;

1. The application of Acts and subordinate statutes concerning response to a request for appraisal, blood alcohol appraisal;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to the driving of danger) and Articles 148-2(2)2 and 44 of the Road Traffic Act.