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(영문) 광주지방법원 순천지원 2018.05.03 2017고단2814
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

On February 2, 2012, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 10 million for a fine in the same court on January 7, 2014.

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

On October 26, 2017, the Defendant driven the front road of a female middle school in front of that line, which is in a no line at the time of drinking on October 26, 2017, with the alcohol level of 0.251% in blood, and led the Defendant to the direction of the apartment distance from the south apartment to the New East apartment at the east of the New East apartment.

Since it is a down and a photographed road, a person engaged in the driving of a motor vehicle has a duty of care to safely operate the steering and brakes by accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and caused the victim D (65 years old) driving of the Epoter freight in the same direction two-lane due to the negligence of driving the vehicle while driving the vehicle, and the front part of the Epoter freight in the same direction.

Ultimately, the Defendant driven the said low-speed car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim F (F) who was on board the said high-speed car with the victim D (F, 60 years of age) and the victim G (V, 58 years of age) for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of F and G;

1. Reporting of a traffic accident (1) (2);

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Each photograph;

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;

1. The former part of 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 risk) regarding the crime under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2(1)1 and 44 of the Road Traffic Act.

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