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(영문) 광주지방법원 순천지원 2017.04.28 2016고단2752
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than nine 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

The defendant is a person who is engaged in driving a car in B SP area.

On November 15, 2016, the Defendant driven the said car under the influence of alcohol content of 0.215% among blood transfusions on November 15, 2016, and proceeded at the speed of about 50 km from the south of the Southern Hospital to the Immigration Control Office at the speed of about 50 km in the speed of two lanes between the two-lanes.

At this point, since it is an intersection and a place with a large traffic volume, a person engaged in driving a motor vehicle has a duty of care to safely operate the steering area and the right and the right and the right and the right and the right, and to accurately operate the steering direction and the brake system.

Nevertheless, the Defendant neglected to drive under the influence of such drinking as above and neglected to do so on the front side of the vehicle, and was driven by the victim C(50) who was in the atmosphere of the signal at the front side of the vehicle due to the negligence of the Defendant, and received the part of the panion in front of the vehicle.

Ultimately, the Defendant suffered injury to the victim C and the victim E (the 50-year old-age-old passenger) who was the victim of the said B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Reports (1), (2) on traffic accidents;

1. The circumstantial statement report and the circumstantial report of the driver at the main place of business (whether to drive any danger or not);

1. A written appraisal of alcohol during blood;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) are the victims E with greater criminal penalty.

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