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(영문) 광주지방법원 2017.02.16 2016고단5364

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Csch Rexton car.

On September 26, 2016, the Defendant driven the above vehicle while under the influence of alcohol content 0.177% during blood transfusion around 23:50 on September 26, 2016, and led the above vehicle to proceed to the regular course from the direction of the direction of the T-do road in Gwangju Mine-gu.

In such cases, a person engaged in driving service has a duty of care to safely drive the steering gear, brake system, etc. and prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive normally and neglected to do so, was in the front part of the Defendant’s vehicle with Gbeh or the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as “the left-hand aggregates,” which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual condition, inquiry of the results of crackdown on drinking driving, and application of each statute of photograph;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment with prison labor for up to four months and one year traffic accidents in general, the basic area (up to one year) of the types of traffic accidents (up to four months) shall be specially aggravated: In the case of driving under the influence of alcohol, etc., a person who is specially mitigated: A person who is not subject to punishment (including efforts that are serious to recover damage);

2. Determination of sentence: Imprisonment with prison labor for the following ten months, and other arguments in this case, such as the age, sex, environment, details of the crime, and circumstances after the crime;