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(영문) 광주지방법원 순천지원 2018.03.29 2017고단2575
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On October 24, 2017, the Defendant driven a motor vehicle of 0.148% alcohol level from blood at around 07:00, while under the influence of alcohol level on October 24, 2017, and led the road in front of the long distance from the right edge to the right edge of the road at the time of leisure.

In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely by safely operating it, such as checking the front, rear and left well, and accurately operating the steering gear and brake system.

Nevertheless, the Defendant, while neglecting this, led to the Defendant’s negligence of driving a motor vehicle under the influence of alcohol to the Dowon distance from the Dowon-dong to the Dowon-rim., the Dowon-rim part of the victim C(29 )’s operation of the Dowon-rim motor vehicle was shocked with the front part of the Doshen-ri-ri-ri vehicle.

As a result, the Defendant driven the said a sponsed vehicle under the influence of alcohol that it is difficult for the Defendant to drive in a normal manner, and suffered injury to the victim E (the 22 years old) who was on the top of the operation of the said sponsed vehicle with the victim C, and on the other hand, was in need of approximately 3 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of a report on detection of a driver engaged in driving and the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each hazard) concerning the crime, and Articles 148-2 and 148-2 (2) 2 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, Article 38 (1) 2, and Article 50 of the same Act (the lowest limit shall be the punishment that is prescribed for the crime of violating the Road Traffic Act) of the aggravated concurrent crimes;

1. Suspension of execution;

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