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(영문) 광주지방법원 순천지원 2018.05.31 2018고단171

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

1. The Defendant is a person who is engaged in driving of a motor vehicle with C high speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 11, 2017, the Defendant driven the foregoing vehicle while under the influence of alcohol 0.117% during blood transfusions on December 23:35, 2017, and continued to run a point 9.7 km on the Ho-nam Highway, Chungcheongnam-gu, Seoul Special Metropolitan City.

A person engaged in driving duty shall not drive in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to safely drive the steering boat and the steering system by accurately operating the steering boat and the steering system.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol, while driving a stroke while driving on the side of the two-lanes and the two-lanes, and was under the influence of the victim D(44) who stops on the side of the road on the front side of the road. The Defendant was under the influence of the part on the front part of the motor vehicle driving ahead of the right side of the Defendant.

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, was injured by the victim F (V, 40 years of age) who gets on the said victim D and the said taxi by the victim F (V, 40 years of age), respectively, for about two weeks of medical treatment.

2. On the same day as paragraph 1, the Defendant driven the said vehicle under the influence of alcohol content of 0.17% at the 17km section from around 23:35 in the same day from the Do in front of the smuggling-si Municipal Ordinance of 23:00 on the same day to the point of 9.7km in Gwangju-si, Gwangju-si, Hoju-si, Hoju-si, Gwangju-si, Gyeongnam-si, Gyeongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.