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(영문) 광주지방법원 해남지원 2018.01.11 2017고단438
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

[criminal history] On May 10, 2010, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court of Gwangju District, and on August 9, 2012, sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act (drinking) in the Southern Branch of the Gwangju District Court of Gwangju District Court of the Republic of Korea.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a car with C Lastren in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 27, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.212% during blood transfusion around 14:00, while driving the said vehicle, and proceeded with the Do-do road located in Nam-gun, Namnam-gun, in the south of the Republic of Korea, from the south New Seaside, to the egrhum ebrigate.

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 received the left-hand side of the F observer car driving by the Victim E (68 Do) who was driving in the opposite direction, on the left-hand side of the Defendant’s car.

As seen above, Defendant 1 driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as a cage of cage cages, which requires approximately four weeks of medical treatment to the victim.

2. Although Defendant 1 had been punished twice or more for a violation of the Road Traffic Act (drinking) as above, Defendant 2 driven C-Ling car under the influence of alcohol concentration of 0.212% from the tegrative park around the tegrative park around the Southern-gun draft on October 27, 2017 to D-Wing-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Medical certificates (E);

1. Report on the occurrence of a traffic accident, report on a traffic accident, report on the situation of the driver with the main driver, and report on the situation;

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