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(영문) 광주지방법원 순천지원 2017.07.07 2017고단872
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 30, 2017, the Defendant was under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.227% from the 50-meter section to the front road of the Mineyang-si Election Management Committee, located in the 127-ro, Mayang-si, Mayang-si, Mayangyang-si, in light of the law of traffic (driving) around 21:40 on March 30, 201, the Defendant driven a B car while under the influence of alcohol concentration of about 0.27%.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) led the Defendant to proceed at a speed of 30km per hour in the direction of a mining hospital in the direction of a lurging hospital in the direction of a lurging method by driving the automobiles under the preceding paragraph, while under the influence of alcohol concentration of 0.227% in front of the Gwangjin-gu Seongbuk-do Election Management Committee at the time of the day referred to in the preceding paragraph.

Since there is a road where the center line of yellow solid lines has been installed, there was a duty of care to ensure that a person engaged in driving a motor vehicle should not commit the center line by accurately manipulating the steering gear and operating the steering gear and the steering system in a way that enables the person engaged in driving a motor vehicle to live well.

Nevertheless, the Defendant, while under the influence of alcohol, driven a stroke and failed to properly operate the steering gear without properly operating the steering gear, went back hand to the left side of the steering gear, and strokeed by the victim C(39 years old) who was driving on the left side of the driver’s vehicle, due to the driver’s failure to do so.

As a result, the Defendant driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt, tension, etc. by driving the car, which requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating drinking driving;

1. The circumstantial report (whether to drive any danger);

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

1. Relevant Article of the Act and the aggravated punishment, etc. of specific crimes as to the crime.

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