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(영문) 광주지방법원 2017.11.28 2017고단4084

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 person who is engaged in driving of a car B in a PP car.

On September 1, 2017, the Defendant driven the said car under the influence of alcohol content of 0.250% during blood transfusions, while normal driving is difficult, and led to the driving of the said car along the two-lanes between the two-lanes from the direction of Black-dong to the north-dong movement of Gwangju, Gwangju, in which the two-lanes of the two-lanes of the two-lanes of the two-lane.

At the time, there were vehicles waiting for signal at night and at the front of that place. In such a case, a person engaged in driving service has a duty of care to safely operate the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to do so, received the part of the front part of the Defendant’s vehicle in front of the Defendant’s vehicle after driving DC(W 28 years old) of the victim C(W 6 years old) in the same two-lanes of the same room.

Ultimately, the Defendant suffered, by the foregoing occupational negligence, the victim C and the victim E (V, 24 years old) who is his/her her son, a fluoral base, etc. requiring approximately three-day medical treatment; the victim F (V, 25 years old); the victim G (V, 25 years old), and the victim H (V, 24 years old); and the victim H (V, her 24 years old), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Evidence and photographs of the traffic accident scene;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (referring to the act of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.