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(영문) 광주지방법원 2019.07.25 2019고단1604
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

The Defendant is a person driving a freight vehicle B.

On April 17, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.150 percent of alcohol concentration at 0.150 percent, and led to turn to the left from the side of the D Apartment at the front of the entrance of the Gwangju Mine-gu.

A person engaged in driving service has a duty of care to prevent accidents in advance by safely driving his/her entire course room, such as accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant, as seen above, was negligent in the left-hand turn on the left-hand turn of the vehicle due to the negligence of the Defendant’s driving under the influence of alcohol and the left-hand turn on the left-hand turn of the vehicle at the opposite direction, followed the left-hand side of the F vehicle driven by the victim E (year 46) by the vehicle.

As a result, the Defendant suffered salt and tensions that require approximately two weeks of treatment to the victim by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and choice of imprisonment for each sentence of imprisonment.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act include the criminal records of the defendant, the nature and risk of each of the crimes of this case, the background of the crime, the degree of damage to the victim and whether the victim was recovered, the family relationship, health condition, and the possibility of recidivism of the defendant.

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