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(영문) 광주지방법원 2017.11.14 2017고단3168
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for seven 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 June 25, 2017, the Defendant driven a C K7 car with alcohol content of 0.224% during blood transfusion at around 02:10, while driving a CK7 car at a level of 0.24%, and proceeded with the flow of the road front of the shooting distance of the Hannam-dong University in Gwangju-gu.

Since there is an intersection where signal lights are installed at the front door, in such a case, the driver of the vehicle has a duty of care to safely drive the front door signals in accordance with the signals and prevent the accident in advance.

Nevertheless, the Defendant was negligent in left-hand turn at the seat of the Korean hospital in violation of the signal while driving normally due to influence of drinking, and received the part of the driver in front of the taxi for business use E in the victim's driving.

Defendant 1 caused the injury to the said D, such as salt, tensions, etc. in need of approximately two weeks’ treatment due to such occupational negligence, and the victim F, who is the passenger of the damaged vehicle, each of them suffered injury, such as salt, tensions, etc. requiring approximately two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A survey report on actual conditions;

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

1. Each written diagnosis;

1. On-site photographs of traffic accidents;

1. Image photographs of damaged vehicles;

1. The application of statutes to signal systems;

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 dangerous driving) concerning the crime 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 (referring to the act of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable circumstances: The instant crime is under drinking.

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