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(영문) 광주지방법원 2017.05.11 2017고단209
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 C 108 C CA 110 Obama in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On December 18, 2016, the Defendant was under the influence of alcohol content of 0.135% in blood without a motor engine bicycle license for 17:48 on December 18, 2016, and the Defendant was under the influence of alcohol content of 0.135% in accordance with one lane among three lanes in front of Gwangju Dong-gu, Gwangju.

At the same time, since it is an intersection where signal lights are installed, a person engaged in driving duty has a duty of care to safely drive in accordance with the protection of the front bank.

Nevertheless, the Defendant, in the situation where normal driving is difficult due to the influence of drinking, was negligent in proceeding with the signal of the front side while the signal of the front side is red signal, and the victim E (66 years) who was driven in accordance with the left turn and left turn in the front part of the F car driven by the driver E (66 years) was shocked with the front wheels of the Defendant.

As a result, the Defendant suffered injury, such as finite finites, in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. On December 18, 2016, the Defendant: (a) was driving a motor vehicle while under influence of 0.135% of alcohol concentration in blood without a motor bicycle license in the direction of approximately 8km from the road in front of the market located in the realized-gun of the Southern-gun, Southern-gun around 17:48 on December 18, 2016 to the front road of Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

1. A report on the detection of a primary driver;

1. The driver's license ledger;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime, and Article 154 subparagraph 2 of the Road Traffic Act.

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