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(영문) 광주지방법원 해남지원 2016.09.22 2016고단319
도로교통법위반(음주운전)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 motor vehicle by borrowing C.

On July 1, 2016, the Defendant was under the influence of alcohol content of 0.186% during blood transfusions on July 1, 2016, and the Defendant was under the influence of alcohol content of 0.186% at the front front of the head office, and the Defendant was under the speed of 20km per hour at the front of the head office, with a ice ice gate as one of the front of the head office.

At the time, the driver of a motor vehicle had a duty of care to safely drive the motor vehicle by checking the right and the right of the front and the right of the front and the right of the front and the right of the front.

Nevertheless, the defendant's negligence of driving a motor vehicle while normal driving is difficult due to influence of drinking so that the victim D (58 tax) who crosses the crosswalk from the right side of the defendant's driving direction to the left side of the crosswalk was in front of the defendant's vehicle.

Defendant 1 suffered approximately six weeks of injury to the victim due to such occupational negligence, and due to cerebral cerebral typology, etc., which does not have any wound in the two markets in need of open medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each medical certificate (number E, number F);

1. To refer to the reports on traffic congestion, the actual condition of traffic accidents, the statements of the occurrence of traffic accidents, the circumstances of drivers, the on-site investigation table of the incident resulting from death or injury caused by dangerous driving, and the results of regulating drinking;

1. Application of statutes on site photographs;

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) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The punishment for concurrent crimes shall be aggravated to the extent that the sum of the punishment stipulated in the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury resulting from dangerous driving) is aggregated, and the minimum punishment for each crime shall be aggravated.

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