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(영문) 광주지방법원 순천지원 2019.02.21 2018고단2759

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

Reasons

Punishment of the crime

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B.

On September 27, 2018, at around 14:18, the Defendant driven the above cargo while under the influence of alcohol with 0.293% of alcohol level, and led to the intersection of the three-distance distance in front of the Jeonsung-gun, Bosung-gun, to the E-section from the off.

No person engaged in driving service shall drive a motor vehicle while normal driving is difficult due to the influence of drinking.

Nevertheless, the Defendant, while under the influence of alcohol, has a red face, has been driving with a central line in a state where it is difficult to drive normally due to influence of alcohol such as a remote distance, and was driving G 110B of the Victim F (25 years old) who was driving from the main bewing-off to D on the right-hand side, and was in front of the Defendant’s driving vehicle.

Ultimately, the Defendant driven a motor vehicle in such a state that it is difficult to drive the motor vehicle normally due to the influence of drinking, and suffered the victim from a stoke of the right lower part of the wall that requires treatment for about eight weeks.

2. The Defendant was driving the said vehicle under the influence of alcohol by 0.293% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. The circumstantial statement and circumstantial report of the driver of the driving school (whether or not to drive the vehicle under hazard);

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, main sentence of Article 8 and Article 1(1) of the Criminal Act, Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)1 and 44(1) of the Road Traffic Act; Articles 148-2(2)1 and 44(1) of the Road Traffic Act; and choice of imprisonment for each sentence

1. The sum of the long-term punishments under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;