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(영문) 광주지방법원 목포지원 2016.12.09 2016고단1078
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving BMW automobiles;

On August 15, 2016, at around 21:10, the Defendant driven the said car with a alcohol content of 0.174% 0,000, and proceeded at a speed of two-lanes between the two-lanes in front of the Ganbea apartment, which is located at No. 1:52-gil 83, Gannam-si, Seoul, by driving the said car at a speed of 0.174%.

At night and at the front of the direction of the defendant's driving, the rocketing taxi driven by the victim C(36 years old) was stopped for the signal atmosphere. In such a case, the driver of the motor vehicle had a duty of care to prevent the accident in advance by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected this and was negligent in driving under the influence of alcohol while normal driving is difficult due to the influence of alcohol, and was sentenced to the front part of the car driven by the Defendant, which was the front part of the car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as gone-day therapy, which requires approximately six weeks of treatment due to the above occupational negligence.

2. On August 15, 2016, the Defendant driven a BM car under the influence of alcohol of 0.174% from the 500-meter section from the east-si road located in the Maolamamamamamamb, to the place of accident described in paragraph (1) of this Article, around August 21, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes, such as a fact-finding survey report, circumstantial report, notification of the results of the drinking driving control, field photographs, and medical certificate (two copies);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 of the Road Traffic Act as to the crime.

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