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(영문) 광주지방법원 순천지원 2017.03.15 2016고단2545

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

On February 8, 2011, the Defendant received a summary order of KRW 1,500,000,000 from the Gwangju District Court to a crime of violating the Road Traffic Act (drinking), and from the same court on February 9, 2012 to a fine of KRW 4 million due to the same crime, etc.

The Defendant is a person engaging in driving a rocketing car.

On October 16, 2016, under the influence of alcohol level of 0.219% from blood, the Defendant driven the said vehicle at a low-water level of 0.219% on October 16, 2016, and became to turn to the left at the right of left at one-lane distance crossing from the side of the Agricultural Cooperatives, the breath of the bamboo trees at a low-water level of 0.219%.

Since the place is where a sign to direct a signal and a non-protective left-hand turn is installed, there was a duty of care to make a left-hand turn after checking the right and the right before entering the intersection in order to ensure the safety of the course by properly examining the right and the right and the left-hand turn.

Nevertheless, the Defendant neglected to drive under normal conditions due to influence of alcohol and neglected to turn to the left as it is, caused the Defendant’s negligence, and led the Defendant to the front part of the victim C's D's spke car, which is directly driven under the new subparagraph, with the front part of the string car.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim C, such as chest spelke, which requires approximately four weeks of medical treatment, and injury to the victim E, who was on the above spack car, such as a heat, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting of a traffic accident (1) (2);

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A circumstantial report on a dangerous driver;

1. Evidence and photographs of each traffic accident scene;

1. Each written diagnosis;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.