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(영문) 광주지방법원 해남지원 2018.02.08 2017고단478
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

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

On October 11, 2017, the Defendant driven the said car under the influence of alcohol level of 0.229% among blood transfusions on October 11, 2017, and led the Defendant to drive the said car at the influence of alcohol level of 0.229% on the left side of South and South Sea, as the end of the land at the coast of the 1211-lane road on the shore.

Since there is a road where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service should thoroughly see the front line and safely drive the car line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line with the Defendant’s negligence, and was driven by the Victim C (58 tax) (58) operating in the opposite direction. The Defendant was on the front panion part of the D Poter freight vehicle, which was driven by the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury, such as a chest-frame, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Medical certificate (C);

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a statement of alcohol alcohol during blood, a notice on the results of regulating the driving of alcohol (the results of blood collection) and a statement of the situation of the driver in charge;

1. Evidence and photographs at the accident scene;

1. Application of Acts and subordinate statutes to report internal investigation (related to traffic accidents between South Korea and North Korea, acts causing accidents and field investigation, and report on the circumstances of drivers in charge of internal investigation);

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

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the heavier punishment shall be aggravated, but the upper limit of the punishment shall be two crimes;

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