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(영문) 광주지방법원 목포지원 2017.08.18 2017고단610
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three 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 (Death or Injury caused before the risk) is a person who is engaged in driving a rocketing motor vehicle.

On February 8, 2017, the Defendant operated the said vehicle under the influence of alcohol content of 0.157% in the blood with a four-lane road in front of the artificial breadth, which is a green line, around 20:20 on February 8, 2017, and continued two-lane from the bank bank area of the Yeongsan River in the Yeongsan River, the Defendant was driving the said vehicle along the two-lane.

Since the victim C(30) driven by the victim C(30) who was driving in the same direction as at the time, DK5 is stopping in order to maintain the signal atmosphere, the person engaged in driving service was obliged to pay a duty of care to drive safely by accurately operating the steering and steering gear.

Nevertheless, the Defendant, while neglecting this, went through the influence of alcohol while driving at the front of the said rocketing car, conflicts with the following part of the said K5 car stopped for signal waiting at the front of the said rocketing car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury of salt and tensions in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant at the same time and at the same place as the preceding paragraph, while under the influence of alcohol at approximately 6 km section from the roads near the Chhoho Lake-gun, Chungcheongnam-gun, the Namnam-gun, the Namnam-gun, to the roads near the Chhoho-gun, the Youngdong Police Station, to the artificial breadth-ro green route, the blood alcohol concentration of which is 0.157%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on traffic accidents, notification of the results of regulating drinking driving, circumstantial reports on dangerous drivers, and application of Acts and subordinate statutes to medical certificates;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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