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(영문) 광주지방법원 2016.12.15 2016고단3420

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The defendant is a person engaged in the business of driving a B royalty car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 2, 2016, the Defendant driven the said car at a speed of 0.202% alcohol level around 23:50, while under the influence of alcohol level, and proceeded at a speed of about 50km/h in speed from the side of the traffic park, depending on two lanes in front of the credit intersection in the credit intersection in Gwangju Northern-gu.

At that time, the signal, etc. is installed, so a person engaged in driving service has a duty of care to drive safely in accordance with the protection of the front bank and the right and the right.

Nevertheless, the defendant neglected this and proceeded to turn to the left from the right edge of the car driving by the victim C(30 years of age) who was driving from the right edge of the car driving from the right edge of the car driving by the negligence of the red signal.

Ultimately, the Defendant suffered injury to the victim C (30 years of age) by occupational negligence, such as tear, tear, etc., which requires approximately six weeks of treatment, and injury to the victim E (29 years of age) who was on board the damaged vehicle, such as cerebral lein in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at a distance of about 700 meters from the front of the Youth Training Center located in the Seoul Northern-gu, Gwangju, to the front of the credit intersection located in the same Gu, the Defendant driven the said car while under the influence of alcohol with about 0.202% of alcohol concentration at a distance of about 700 meters.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 of the Road Traffic Act concerning the facts constituting the crime; and