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(영문) 광주지방법원 2017.04.27 2017고단316

도로교통법위반(음주운전)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

1. On December 21, 2016, the Defendant violated the Road Traffic Act (divated driving) driven B rocketing vehicles from the roads near the Southern-gu Southern-gu Jin-dong, Gwangju to the roads in the same Dong, while under the influence of alcohol content of 0.156% among blood transfusions on December 21, 2016.

2. The Defendant, as stated in paragraph 1, was driving under drinking alcohol as stated in paragraph 1 at the time of the day-to-day, while driving in front of the lender apartment located in the Southern-gu, Nam-gu, Gwangju, Gwangju, and the victim C (46 tax)'s D Bus driving in the direction of 3 lanes, which was driven by the victim C (46 tax) driving in the same direction, was taken, and the damaged person gets out of the bus and gets out of the bus, thereby blocking the front of the Defendant's driving, thereby blocking the Defendant's driver's vehicle. The Defendant continued to prevent the victim who obstructed the vehicle from driving the vehicle by the front of the foregoing vehicle, which is a dangerous object, and caused the victim's injury, such as the right-hand dys, which requires a two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The part concerning the statement made by the victim C in the police interrogation protocol against the defendant

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 Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning the facts constituting an offense, and the selection of imprisonment, respectively;

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 of 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 attend a lecture, and Order to attend a lecture, among the criminal facts of this case, the special injury part of the criminal facts of this case has been inflicted an injury on the motor vehicle by the defendant who drives the motor vehicle, who intends to cause the accident to conceal the driving of the motor vehicle.