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(영문) 광주지방법원 장흥지원 2017.07.20 2017고단96
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 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 100 Oral Ba.

1. On May 12, 2017, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without drinking), without obtaining a license for a motor device bicycle around 20:10 on May 12, 2017, the Defendant driven the above lebane at a section of approximately 300 meters from the front of the “C” restaurant located in Jinjin-gun B, a while under the influence of alcohol leveling 0.170%.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages was a person holding the above 100 Oral Ba, and driving the above Oral Ba which was not covered by mandatory insurance at the time and place specified in paragraph (1).

3. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driving, as described in paragraph (1) and paragraph (1), driven the above Orala while under the influence of alcohol, and led the roads in front of the E cafeteria located in D of the Southern Jin-gun to the convenience point on the edge of the marg.

At that time, since there was a person crossing the road to cross the road, there was a duty of care to prevent accidents in advance, such as making it well known to the person engaged in driving of the motor vehicle, securing safety distance, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the road as it was so driven by Defendant’s driver’s negligence and received the part on the left-hand blue part of the victim F (the age of 58) crossing the road.

As a result, the Defendant driven an Oral ba while it is difficult to drive a car normally due to the influence of drinking, and suffered the victim's left-hand hand booms that need to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a survey report on actual condition, the ledger of driver's licenses, requests for appraisal, replys to diagnosis, and inquiries about the control of drinking driving;

1. Article 148-2. of the Road Traffic Act concerning facts constituting an offense;

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