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(영문) 광주지방법원 2017.09.14 2017고단2755

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 7, 2017, the Defendant driving a two-wheeled vehicle with alcohol level of 0.177% in around 20:30, while driving a two-wheeled vehicle with alcohol level of 0.17% in around 20:0, the Defendant continued to drive a two-wheeled vehicle at a speed that would not be known by five lanes of the five-lane road along the high side of the Gwangju Mine-ro 99, the high side of the river of the Gwangju Mine-gu.

At this time, the defendant is negligent in driving in a situation where normal driving is difficult due to influence of drinking and proceeds in the same direction on the same lane as he/she is, although he/she has a duty of care to accurately operate steering gear and brakes and to prevent accidents in advance by driving the steering gear and brakes on the front bank.

C(33) The rear part of the DP car driven is received as the front part of the two-wheeled vehicle.

Thus, the defendant suffered injuries, such as catum salt, which requires approximately two weeks of treatment to the victim E (at the age of 31) who was accompanied by the said car due to the above occupational department and office.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A survey report on actual conditions;

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

1. A report on the detection of a primary driver;

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) 2 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 and Observation, etc. of Order to Provide community service, Order to provide community service, Order to attend lecture, and Order to attend lecture [types] - Type 1 (Bodily Injury resulting from Traffic Accidents) - Where minor injury occurs, (1) - Where minor injury occurs - In cases of driving, etc. (decision on the area of recommendation].