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(영문) 광주지방법원 목포지원 2018.09.07 2018고단559

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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

[Power of crime] On August 24, 2017, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (dacting driving) in the application of the Gwangju District Court on August 24, 2017.

[Criminal facts]

1. The Defendant is a person engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 15, 2018, the Defendant, while under the influence of alcohol of 0.140% from blood alcohol level around 06:05, the Defendant driven the said car in a state where it is difficult to drive it normally, such as red light distance, and driven the said car at the 9-lane from the direction of the stadium in the Papo-ro, Papo-si, Papo-si, Papo-si, Papo-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly operating the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant was negligent in driving a vehicle while drinking while neglecting the above duty of care and caused the Defendant’s failure to drive the vehicle in front of the vehicle in front of the Defendant’s passenger vehicle by driving the vehicle in front of the Defendant’s passenger vehicle in front of the Defendant’s passenger vehicle, following the DST5 car driven by the victim C (50 Do) who was waiting for the signal in front of the Defendant’s passenger vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the bodily impairment of the two sides, and the damage of the uncertainty, which requires approximately two weeks of treatment.

2. On June 15, 2018, the Defendant was under the influence of alcohol level of 0.140% among blood transfusion around 06:05, the Defendant driven a B SP car at a section of about 3km from the front of the Gwangju Bank to the pharmacy front of the pharmacy at the same Sinsan-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site and vehicle photographs, a statement report on the circumstances of the driver in charge, a circumstantial report (whether or not dangerous driving is permitted), notification of the results of regulating drinking driving, and a medical certificate;

1. The history of the offence in its ruling: a reply to inquiries, such as criminal history;