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(영문) 광주지방법원 순천지원 2018.07.19 2018고단801
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

1. On March 21, 2018, the Defendant: (a) driven a horse-based car with alcohol content of 0.209% while under the influence of alcohol at approximately 754 meters from “D” restaurant located in C at the time of leisure to E at the time of leisure at around 00:30 on March 21, 2018.

2. The Defendant is a person who is engaged in driving a car with the horses at F. The Defendant is a person who is engaged in driving a car with the horses at F.

On March 21, 2018, around 00:30 on May 21, 2018, the Defendant proceeded along the two-lanes of the G oil station in front of the G oil station, G, which is located in E, in the direction of the discharge of the hospital in the inncheon-do.

At the time, since it is a night to get off and off, there was a duty of care to prevent accidents by accurately manipulating the steering gear and the steering gear for those engaged in driving business.

Nevertheless, the Defendant, while under the influence of alcohol content 0.209% in blood, was negligent in the course of driving the said vehicle under the influence of alcohol by the Defendant’s occupational negligence, caused the Defendant’s injury of the part of the back of the victim H (42 archayy) waiting in the signal signal at the front direction of the Defendant’s driving, such as crums and tensions that require approximately two weeks of treatment for the Defendant, and suffered from the Defendant’s victim J (32) who is the injured taxi passengers, by taking the back of the part of the front direction of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the above influence of drinking, thereby causing injury to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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

1. The Commercial Concurrent Crimes Act.

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