beta
(영문) 광주지방법원 2017.11.21 2017고단3742

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

The defendant is a person who is engaged in driving a BM5 vehicle.

On August 4, 2017, the Defendant driven the said car while under the influence of alcohol 0.219% during blood transfusion 01:5 on August 4, 2017, and driven the said car at a speed of about 60km from the middle 3-distance distance from the middle 4-lane to the middle 4-lane along the 4-lane of the Security Center located in the 298-lane as Gwangju Northern-gu Rock.

At that time, there is a duty of care to prevent accidents by safely proceeding in accordance with the protection of the front bank to a person engaged in driving service.

Nevertheless, the Defendant, due to the above influence of alcohol, had the part of the front part of the Defendant’s driver’s vehicle in front of the driver’s vehicle, which was driven by the victim C(32 tax) who was under the left-hand turn in accordance with the new subparagraph, due to the occupational negligence that was driven by the victim C(32) at the front.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. An accident scene photograph;

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

1. Inquiries about the results of crackdown on drinking driving;

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

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) 1 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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Community Service, Order to Attend Education, and Order to Keep Education, and Article 59 of the Act on the Protection, Observation, etc. [the type of traffic accident] Class