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(영문) 광주지방법원 목포지원 2017.02.10 2016고단1506
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

1. The Defendant is a person who is engaged in driving a vehicle B K7 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 10, 2016, the Defendant driven the above car at around 21:40, and driven the two-lane road in front of the Women's High School on the Bagpo-ro 85, the direction of the Manpo-si Do in the direction of the Manpo-si 30km, along the two-lanes of the speed from the front apartment to the front apartment at the speed of 30km.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol content 0.212% in blood, the Defendant neglected this and found the victim C (e.g., 45 years old) who was stopped at the same direction two-lanes of alcohol in the same direction at the late time and did not avoid it, and thus, the Defendant received the part behind the driver’s seat of the above SM5 car in the front line of the K7 car.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as light salt, which requires approximately two weeks medical treatment, to the victim.

2. Defendant 1 driven B K-7 vehicle under the influence of alcohol content of approximately 0.212% in a section of approximately 1km from the front of the 7nd apartment house in Young-si, Young-si, the 13rd-ro, Sin-si, Sin-si, Sin-si, at the time of the day indicated in the above paragraph 1 to the place indicated in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. The survey report, the circumstantial report (whether to drive any danger), the on-site investigation report, the diagnosis report (C), and the alcohol appraisal report during blood.

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