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(영문) 광주지방법원 목포지원 2017.02.10 2016고단1568
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in driving of a motor vehicle B-to-pured.

On October 21, 2016, the Defendant driven the said car at around 21:40, and proceeded at a speed of about 40 km from the bus terminal to the Central Hospital by driving the said car at a speed of about 5 km in front of the “D Mart” located in Fag City C.

At the time, at night, a victim E (n, 42 years old) driver's f bargaining car stops in the signal atmosphere in the front of the same direction at night, and thus, the driver of the vehicle is prohibited from driving the vehicle while it is difficult to drive the vehicle normally due to influence of drinking, and has the duty of care to prevent the accident in advance by driving the vehicle safely, such as reporting the traffic situation on the front side, accurately manipulating the steering system, etc.

Nevertheless, the Defendant neglected this and found the above-learning passenger vehicle under the influence of alcohol content 0.149% in blood, and was negligent in not operating it at a late time, and received the part before the left-hand side of the Defendant’s driver’s driver’s vehicle with the pentle part in front of the left-hand side of the driver’s vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury such as climatic salt, etc., which requires approximately two weeks of medical treatment to the victim G (the age of 40) who is the partner of the victim E and the fright passenger car.

2. The Defendant, in violation of the Road Traffic Act (drinking driving), driven a vehicle of 2km in the 2km section from the natural studio in the Yapo-si Yapo-si Yapo-si to the place indicated in paragraph 1. B, while under the influence of alcohol with a 0.149% alcohol concentration in blood, was drunk.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The survey report on actual condition, the circumstantial report on the driver involved, and the result of regulating the driving of drinking;

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