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(영문) 광주지방법원 2017.07.20 2017고단1248
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cone Star Co., Ltd.

On December 8, 2016, the Defendant driven the above mar while under the influence of 0.194 percent alcohol concentration among blood transfusions on December 16, 2016, and proceeded with a road without front of the E convenience store located in Gwangju Mine-gu D with the direction of the second apartment house fixed to the lender.

At the time, since the above road is a road without distinction between a car line and a delivery, it was confirmed whether a person engaged in driving of a motor vehicle gets at the frontline by reducing speed and checking well the frontline, and there was a duty of care to operate the steering gear and the brake in a safe way by accurately operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care and walked to the right side side of the proceeding direction by negligence while driving the victim F (F, 51 years of age) at the right side of the above passenger car. The Defendant served the victim F (F, 51 years of age as the front side of the above passenger car and served the victim's right edge, etc. with the rear wheels.

Ultimately, as seen above, the Defendant suffered approximately 12 weeks of medical treatment from occupational negligence to the right-side frame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (a summary of victim F's statement and attachment of sound recording files);

1. Report on the circumstances of a driver who is placed in driving and report on the results of regulating drinking;

1. Reports on traffic accidents (1, 2, and actual survey report);

1. Four copies of a traffic accident scene photograph;

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

1. Since Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, among the provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the pertinent criminal facts and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, it is clear that the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes is a clerical error in the former part of Article 5

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