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(영문) 광주지방법원 순천지원 2018.08.24 2018고단1045
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 who is engaged in driving a CKa car.

On May 8, 2018, the Defendant driven the said car under the influence of alcohol level of 0.200% from blood alcohol level around 20:50, while driving the said car, and driving it along three-lanes from the surface of the bus terminal to the horizontal three-lanes from the surface of the cross-city bus terminal to the horizontal three-lanes.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear and the steering gear in a clear mind without influence such as drinking.

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 while driving the signal while driving the vehicle at a normal time due to negligence, and received the victim D (W, 37 years old) who was under the influence of the signal waiting at the front side of the vehicle and received the part of the driver behind the Defendant vehicle.

Ultimately, the Defendant suffered from the injury of the victim F (the 14th age), who is the victim D and Ethmp passenger car, due to the foregoing occupational negligence, the victim F (the 14 years old), respectively, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The circumstantial report (whether to drive any danger);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to cover the scene photographs of the accident, booms video-recording images;

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 Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of 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:

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