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(영문) 광주지방법원 2018.02.01 2017고단5197

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 9, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.184% from the blood alcohol level around 21:25 on November 9, 2017, and led to the intersection of the new village located in the area of the Yellow-gun, Southern-gun, the Southern-do, to the parallel of the said vehicle from the west-Eup side.

At night, in such a case, a driver has a duty of care to live well on the front side and the left side, and to accurately operate the steering gear and the brake system.

Nevertheless, the Defendant driven a stroke in a state where normal driving is difficult due to the influence of the above drinking, and was driven by the victim D(31 Do) driving at the right edge of the Defendant, who was under the influence of signal at the Defendant’s right edge, and the part behind the stroke of the Defendant’s driving, was shocked with the part of the front part of the Defendant’s driving in front of the strokea car.

Ultimately, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The actual survey report and on-site photographs;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be aggravated by concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the heavier punishment: Provided, That the lowest sentence shall be determined by the punishment specified for the violation of the Road Traffic Act];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The sentencing guidelines shall be recommended;