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(영문) 광주지방법원 순천지원 2016.10.26 2016고단1293
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On May 7, 2016, the Defendant driven the said vehicle under the influence of alcohol of 0.146% with a blood alcohol concentration of 0.146% on May 7, 2016, and led the road in front of the Silam-si, in the middle of the Yacheon-si, to the direction of the Silam-si, the Silam-si.

Since this is a hond road, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the front door, the right and the right and the right and the right, and by accurately manipulating the steering gear, the steering gear and other devices.

Nevertheless, under the influence of alcohol, the Defendant is driving without putting the front door in a proper manner.

It was driven by the victim D(65 years of age) coming into the direction of the sea-sloping village in the direction of the sea-sloping, the upper part of the cargo vehicle in front of the left-hand side of the Yaeari, which was driven by the victim D(65).

Ultimately, the Defendant is driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking.

A victim suffered bodily injury, such as abandonment pulverization of flaver on the left-hand flaver in need of treatment for about 10 weeks, and injury to the victim FF (78 years of age) who was on the front flaver of the damaged vehicle for about 12 weeks, such as flavering of flavers to the right-hand flaver which requires treatment for about 12 weeks.

Summary of Evidence

Defendant’s legal statement

D Application of the laws and regulations to each of the police statements, actual condition investigation reports, traffic accident scene photographs, state-employed drivers' statement reports, circumstantial reports (whether or not a dangerous driving)

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.

5. Suspension of execution under Article 62(1) of the Criminal Act

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