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(영문) 광주지방법원 순천지원 2018.04.13 2017고단2931

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 driver of Lone Star Co., Ltd.

On November 22, 2017, 18:45, the Defendant: (a) driven the said mar with alcohol concentration of about 5km from the 5km section to the sloping intersection in front of the river running from the sloping in the direction of the sloping-si, Yari, Yari, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si, Yari-si; (b) entered the said marb

At the time, there is a night and a place where the traffic of ordinary vehicles is frequent, and in such a case, there was a duty of care to drive a person engaged in driving of a motor vehicle in a safe manner by making the right and the right of the front and the right of the road well.

Nevertheless, the defendant c (the 64 years old) was driven by the victim C (the 64 years old) who was under way in the front bank due to the above influence of alcohol while neglecting to drive in the front bank while making it difficult for the defendant to do so.

D QM3 Automobiles followed by QM3 Motor Vehicles were received as they were the front part of the motor vehicle in front.

As a result, the Defendant suffered injury to the victim, such as brain-dead sugar, which has no wound in two open areas requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The circumstantial statement report and the circumstantial report of the driver at the main place of business (whether to drive any danger or not);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

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

1. The fact that the defendant's negligence is very large in the occurrence of a reason for sentencing under Article 62-2 of the Criminal Code of the community service order, the fact that the amount of alcohol concentration in blood was high, the fact that the degree of injury is not much severe, the fact that the defendant is against himself/herself and agreed with the victim, and other reasons.