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(영문) 광주지방법원 2017.04.20 2017고단238
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 2, 2007, the Defendant was sentenced to a fine of 700,000 won for the crime of violating the Road Traffic Act at the Gwangju District Court on March 27, 2008, and a fine of 700,000 won for the crime of violating the Road Traffic Act at the Gwangju District Court on March 27, 208.

The defendant is a person who is engaged in driving a mixed car B.

On January 7, 2017, the Defendant driven the said car under the influence of alcohol content of 0.115% in blood at around 22:37, and led the Defendant to turn to the left by using one way from the underground roadway to the lower residents' center, which is located at the 83-lane no. 379, a luxa-ro 379, the luxa-ro of Gwangju Mine-gu.

The Defendant, while under the influence of alcohol content 0.115% at the time, was driven by the Defendant at the time, and the face was fluent and fluored so that it was difficult to drive normally due to the influence of drinking, by violating the signal in a state where normal operation is difficult due to the influence of drinking, and received the left part of the D C(54 tax) which was driven by the Defendant’s driver, following the left part of the front left part of the Defendant’s car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, thereby resulting in the victim's dump of the brue requiring medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

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

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment

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