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(영문) 광주지방법원 순천지원 2018.10.26 2017고단1060

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 motor vehicle with sod motor vehicle B.

On May 1, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.196% at around 00:40 on May 1, 2017, and made the front intersection in the luminous City C turn to the left from the Mat to the luminous terminal.

In such a case, there was a duty of care to safely turn to the left by checking the left and right of the person engaged in driving of the motor vehicle, and by checking whether there is a motor vehicle or a person.

Nevertheless, Defendant 1 neglected to drive under the influence of such drinking as above and left left by leaving the left at F from the side of the luminous terminal as it is due to the negligence of failing to do so, the part of the victim G(49 years old) was placed on the top of the left-hand part of the said car.

As a result, the Defendant suffered from the above victim’s negligence in the course of business, which caused approximately two weeks of treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. G statements;

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

1. The circumstantial report (whether to drive any danger);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;