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(영문) 광주지방법원 장흥지원 2017.09.21 2017고단130
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 18, 2017, the Defendant: (a) driven a vehicle B 300C with approximately 4.6km alcohol content of 0.153% while under the influence of alcohol at approximately 0.153% from the front side of the Sejong-gun, Jinjin-gun’s golf course located in the Gangnam-gu, Jinjin-gun; (b) around 00:10, the Defendant driven a vehicle with approximately 300C in the state of under the influence of alcohol content from the front side of the Sejong-gun’s golf course located in the same Eup.

2. The Defendant is a person who is engaged in driving a motor vehicle vehicle B 300C in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On May 18, 2017, the Defendant operated the above car on around 00:17, and continued to combine it with the line 2 on the national highways 2 on the Yiung-gun, Jinjin-gun, which is located in Jinjin-gun, with the line 23 on the national highways 23 on the Mafung-do.

In such cases, a person engaged in driving service has a duty of care to safely operate by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected this and received D4.5 tons' back portion of the truck driving by the victim C, who was under stop at the end of the Gohap Road, due to negligence, due to the influence of alcohol and difficult driving under normal conditions, while neglecting the foregoing paragraph (1).

Ultimately, the Defendant suffered injury to the victim, such as chins, tensions, etc., which require approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report on actual conditions, notification of the results of regulating drinking driving, and application of Acts and subordinate statutes to medical certificates;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is heavier (the injury or injury caused by dangerous driving).

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