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(영문) 광주지방법원 2017.05.11 2017고단669
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bsch Rexton car.

On February 3, 2017, the Defendant driven the said car under the influence of alcohol content of 0.110% in blood, which is difficult to drive normally due to the influence of alcohol on February 3, 2017, and led the Defendant to drive the said car at an advanced level from the surface of the rocks distance room along the two-lanes of the roads adjacent to the dong-gu Northbuk-gu, Gwangju, North-gu.

At the same time, there is a place where signal lights are installed, so the defendant engaged in driving service has a duty of care to observe the signal and drive safely.

Nevertheless, the defendant neglected this and went beyond the ground floor of the victim C (the 68 years old) who dried the crosswalk from the right side of the defendant's running direction to the left side of the crosswalk pursuant to the defendant's pedestrian signals. However, the defendant got the victim into the front part of the victim C (the 68 years old) who opened the crosswalk from the right side of the defendant's running direction.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires four weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Order and Order to Attend Education, and Article 62-2 of the Criminal Act is the primary offender, and the defendant recognizes the instant crime and reflects his mistake.

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