(영문) 광주지방법원 목포지원 2018.07.20 2018고단390

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자간(%)

(영문) 광주지방법원 목포지원 2018.07.20 2018고단390

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 engaged in driving a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 14, 2018, the Defendant driven SM5 car under the influence of alcohol level of 0.181% during blood alcohol level from 16:5 on April 14, 2018, and proceeded at a speed of about 70 km from the Dopoe to the Dopo village towards the Dopoe village at a speed of about 70 km.

In this case, the driver had a duty of care to accurately operate the steering gear and to safely drive the driver in accordance with the central line, because he was a hond road along which the center line of the yellow-ray is installed.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and operation system, and got the front part of the Dbong-III Cargo that was driven by the injured party C, who was driven by the central line due to the negligence of the Defendant, into the right side of the SM5 car.

As a result, the Defendant driven a MF5 car in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury, such as brain, which requires approximately three weeks medical treatment.

2. Defendant 1 driven a SM5 vehicle under the influence of alcohol concentration of about 3km from the 3km section to the 3km section of the road in front of the house of F, which is located in the Southern-gun E prior to the above day, to the front of the elementary school in front of the release of the military in the southan-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the detection of a primary driver;

1. Reports on traffic accidents, and photographs of the scene of traffic accidents;

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

1. Article 148-2 of the Road Traffic Act and Articles 148-2(2)2 and 44(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of drinking and the choice of imprisonment) concerning criminal facts.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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