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(영문) 광주지방법원 해남지원 2018.05.31 2018고단62

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in CSpo area.

On January 31, 2018, the Defendant driven the said car at a speed that is difficult to drive under the influence of alcohol content of 0.136% during blood transfusions on 16:35, while driving the said car at a speed that would not be accurately known in the direction of the head of Eup/Myeon of the same Eup/Myeon in the direction of the Pnsan-do, Yannam-gun, the Yansan-do, the Yannam-gun, the Yannam-gun, the Yannam-do, the Gansan-do, the

Since there is a place where the center line of yellow solid lines has been installed, there was a duty of care for a person engaged in driving a motor vehicle to safely drive the motor vehicle by checking the front door well.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded with a duty of care in a state where it is difficult to drive a motor vehicle normally, and was led to the victim D (W, 29 years old) who was driving in the opposite direction, which was driving in the opposite direction, and received the front part of the motor vehicle driving by the Defendant as the front part of the left side of the motor vehicle driving by the Defendant.

Ultimately, Defendant 2 suffered injury, such as a scarcity and nephal ppuri disease in the scarcity of the scarcity that requires approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Report on the circumstances of a driver making a drinking, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

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. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is heavier (the injury or injury caused by dangerous driving).