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(영문) 광주지방법원 해남지원 2018.10.18 2018고단214
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a dump truck driver.

On March 8, 2018, the Defendant proceeded with the sex cancer distance of 13 p.m. from the third side of the land to the string of the solar distance, between March 8, 2018, around 21:30, in one way.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

However, the Defendant, while under the influence of alcohol content 0.161% while driving the said C dump truck due to negligence in a situation where normal operation is difficult, received the victim D (46 eump truck) who driven the said C dump truck in the frontline, who driven the signal signal in the frontline, from the cump truck before the above C dump truck, and caused the victim F (25 eump truck) to be driven by the victim F (25 eump truck) with the shocker.

Ultimately, the Defendant driving the said C dump truck under the influence of alcohol, and suffered injury to the victim D, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and the victim F, such as dump sump sump and tensions, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs of traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. The crimes provided for in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving of Danger) and the crime committed against the victim F with heavier criminal penalty (the injury resulting from driving of danger).

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