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(영문) 광주지방법원 2017.06.29 2017고단1678
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 is engaged in the duty of driving a vehicle in Grandland in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 1, 2017, when the Defendant driven the said vehicle while under the influence of 0.145% alcohol during blood alcohol around 12:00 and drive the said vehicle along the two-lanes of two-lanes, 80.5 km away from 12:0, the Defendant suffered injury, such as light and dystal dystal dynas, etc., in the event that normal driving is difficult due to the influence of alcohol, by negligence in the course of business, which did not accurately manipulate the steering direction and operation devices of the said vehicle in the same direction at the first lane of the victim C (n, 61 years old) who was driving in the same direction, due to the front part of the Defendant’s vehicle, and caused injury to the victim, such as light or dystal dystal dynas, which requires approximately two weeks medical treatment.

2. Around 12:00 on March 1, 2017, the Defendant driven a Grand Car under the influence of alcohol content of about 0.145% in a section of about 50km from the front of the Defendant’s house located in the west-gun, Northwest-gun, North Korea, to the point of 80.5km, at the end of 50km from the front of the Defendant’s house located in the west-gun, Northwest-gun, North Korea, to the point of 80.5km.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of traffic accidents prepared C;

1. A survey report on actual conditions;

1. On-site photographs;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (related to the crime of causing bodily injury resulting from driving any danger);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures causes a traffic accident by driving drinking at the same time, even though the defendant had the ability to drive drinking twice.

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