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(영문) 광주지방법원 순천지원 2018.06.28 2018고단700
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

The Defendant is a person who is engaged in the operation of the Lone Star Co., Ltd.

On March 18, 2018, the Defendant driven the above passenger car while under the influence of alcohol 00:176% among blood transfusions on March 18, 2018, and opened a road near the inner intersection located in the hot spring dong-gu, Busan. The Defendant got into the inner intersection from the department store room to the inner intersection.

At the time, the vehicle has a large traffic volume, and there was a vehicle standing in the signal signal waiting in the front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes while driving the motor vehicle.

Nevertheless, the Defendant, as a result of the influence of drinking, found the victim C (the 44-year-old driver)'s DNA-learning car that was sent and stopped in front of the course due to negligence in the course of driving, without putting the front on the part where normal driving is difficult due to the influence of drinking, late, found the victim C (the 44-year-old driver)'s DNA-learning car, and followed it rapidly, but the Defendant's driver's vehicle's back part of the victim's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's license

Ultimately, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as climatic salt, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A traffic accident report;

1. Inquiries about the results of crackdown on 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 and the Selection of Punishment, etc. concerning the crime, and Articles 5-11 (in cases of causing danger to driving), 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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