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(영문) 광주지방법원 순천지원 2019.05.01 2019고단132
특정범죄가중처벌등에관한법률위반(위험운전치상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car.

On December 27, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 00:05% of alcohol concentration of 0.255%, and driven the front road D located in Gwangjin-si C from the E apartment room to the gate, and driven the front road in the direction of 50km each hour between the two lanes.

No person engaged in driving service shall drive a motor vehicle while normal driving is difficult due to the influence of drinking.

At the time, the Defendant was in a difficult condition to drive normally due to the influence of drinking, such as the Defendant's smelling, inaccuracy, walking, walking with an inaccurate, secret, and shocking.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the center line, and the front part of the Victim F (Age 49) driving G G 5 car driven by the victim F (Age 49) that was driven along the two-lanes in the direction opposite to the moving direction was driven by the front part of the Defendant’s operation.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the Defendant’s loss of salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks.

2. The Defendant was driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.25% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual survey report and evidence and photographs of the scene of a traffic accident;

1. The inquiry into the results of crackdown on drinking driving, the circumstantial statement of the driver himself/herself, and the circumstantial report (whether or not he/she is a dangerous driving);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 1 and Article 44 of the Road Traffic Act.

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