(영문) 광주지방법원 2018.07.12 2018고단2096

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(영문) 광주지방법원 2018.07.12 2018고단2096

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 driving a motor vehicle B at a low cost.

On March 1, 2018, the Defendant driven a motor vehicle with alcohol level of 0.105% in blood alcohol level from around 21:48 without a driver's license, and led to a three-lane road in front of the intersection of the rooftop in the Daejeon-gun of the Daejeon-gun, the Defendant driven a motor vehicle with the same alcohol level of 0.105% in accordance with one-lane in front of the intersection of the rooftop.

At the time, since it is a night and an intersection where a signal is installed, the driver of the motor vehicle has a duty of care to drive the motor vehicle safely in accordance with the new subparagraph by thoroughly putting the front-round vision to the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and went to the left by failing to make a left-hand turn due to influence of drinking and caused injury to the victim C(33) who was driving on the front left-hand side of the car at the opposite side of the car at the front-hand side of the car at the front-hand side of the car at the front-hand side of the car at the front-hand side of the car at the front-hand side of the car at the front-hand side of the car at the front-hand side of the car at the front-hand side of the car at the front-hand side, and caused the victim to undergo approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. A medical certificate;

1. Application of Acts and subordinate statutes to accident scene and accident vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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