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(영문) 광주지방법원 2019.02.19 2018고단5351

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 14, 2006, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a summary order of KRW 2,500,000 for the crime of violation of the Road Traffic Act at the Gwangju District Court, and a fine of KRW 1,50,000 for the crime of violation of the Road Traffic Act at the Gwangju District Court on March 12, 2010.

On November 27, 2018, at least 0.155% of blood alcohol level 0.15%, the Defendant, while under the influence of normal operation, driven a 1 km DMW car from the Do near the c head office located in the Jeonyang-gun, Namyang-gun, the Defendant driven a monthly main dMW car in the vicinity of the c head office located in the Jeonyang-gun, Jeonyang-gun. On November 27, 2018, the Defendant driven a monthly main dM car in the vicinity of the Jeonyang-gun-gun, Jeonyang-gun, the Defendant took the front of the main dM road into the north bank from the source shooting distance. The Defendant neglected the duty of due care to safely drive the steering gear and operation of the steering gear and operation system while driving the center line on the right side of the central line, and caused the Defendant’s injury to the victim by taking the front part of the said BM’s left part of the 25 years knife and the main part necessary for treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A scene of an accident and photograph of an accident vehicle;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. The CD;

1. Report on internal investigation and telephone communications;

1. A copy of a medical certificate;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the crimes provided for in the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act; and