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(영문) 광주지방법원 순천지원 2018.05.17 2018고단92

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

1. The Defendant is a person who is engaged in driving a motor vehicle B in high-priced car.

On November 21, 2017, the Defendant, while under the influence of alcohol at around 16:30% of alcohol, driven the said car and driven it at a speed of 60 to 70km from the intersection of the door, with two lanes, in order to replace the two-lanes of the D at the front point in the Southern-gun C while driving the said car, and driving it at a speed of 0 to 60km along the two-lanes.

A person engaged in driving service shall not drive in a state where normal driving is difficult due to the influence of alcohol, and since the road is a bended by the left side, there was a duty of care to move the vehicle by driving at a low speed or by using towing vehicles, etc. if the string of the vehicle wears.

Nevertheless, while the Defendant neglected to drive the said car while driving it as it is under the influence of alcohol, the Defendant shocked to the right-hand side of the said car, and knife the instant car into the right-hand side of the vehicle, and stopped to the left-hand side after shocking the curbstones on the right-hand side of the road while driving in the future of 15 meters later.

Ultimately, the Defendant driven the said car in a situation where it is difficult to drive the car normally due to the influence of alcohol as above, and suffered the victim E (56 years) who was on the top of the pertinent car operation for about one week medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle B, while under the influence of alcohol with approximately 600 meters alcohol concentration at approximately 0.166%, from the 700-meter section from the G waterer, G waterer located in the Namsung-gun, Seoul, to the front road of the D branch located in C.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Inquiries into the results of the crackdown on driving under drinking;