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(영문) 광주지방법원 2018.09.13 2018고단2779
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2018, at around 17:51, the Defendant driven a 1.5km car from the Do near Black-dong in Gwangju Mine-gu to a 1.5m alcohol level C, with a view to making it difficult to drive a car normally while under the influence of alcohol leveling to 0.112% during blood alcohol level. According to the two-lanes of each elementary school located in the 115m-ro, such as the number of Gwangju Mine-gu, the Defendant got to drive a water club as the room for children at the river in the river as agricultural community as one of the agricultural cooperatives. On the other hand, the Defendant was negligent in performing the duty of care to operate a safe operation, such as accurately operating the lighting and brake system, and due to the negligence of performing the duty of care to operate it, the Defendant sustained the victim D (28 years and inn)'s second part of the E-line car in front of the said vehicle, and suffered the victim's injury and injury during the second week.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs of each accident;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a dangerous motor vehicle);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum of the punishments prescribed for each of the above crimes: Provided, That the maximum of the punishments prescribed for the crimes of violation of Road Traffic Act shall be set at the lowest of the punishment prescribed for the crimes of violation of Road Traffic Act);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Traffic Accidents [In the case of traffic accidents] Class 1 (in the case of special sentencing factors] - In the case of minor injury of mitigation factors, (1) - in the case of driving of an aggravated element of alcohol alcohol [the scope of the recommended range] basic area [the scope of the recommended range].

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