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(영문) 광주지방법원 순천지원 2018.03.07 2017고단2149

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 27, 2017, the Defendant was driving a B-learning car owned by the Defendant during the influence of alcohol leveling 0.203% of alcohol level around 01:00, while under the influence of alcohol leveling 0.203% of alcohol level from the blood transfusion at around 27, 2017.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

2. The Defendant is a person who is engaged in driving a motor vehicle driving business as stipulated in Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

At the time of the day referred to in paragraph (1), the Defendant, while under the influence of alcohol level of 0.203% during blood, driven the above-learning passenger vehicle in the direction of the modified shooting distance, as set forth in paragraph (1), led to one-lane in the direction of the modified shooting distance.

At all times, in front of the defendant's running direction, the victim C (n, 50 years old) was stopped with the signal, so in such a case, the driver of the vehicle was obliged to take care of the front side and the left side and the right side of the vehicle and to accurately operate the brake system and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive a car in a state where normal operation is difficult, and neglected to do so, thereby causing injury to the injured party, such as salt, tension, etc., by taking the vehicle behind the vehicle in front of the Defendant’s car, and taking the part of the vehicle in front of the driver’s vehicle, requiring approximately two weeks of medical treatment.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on the circumstances of driving at home and a circumstantial report (whether to drive any danger);

1. A written appraisal of alcohol during blood;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the scene of an accident.