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(영문) 광주지방법원 해남지원 2018.07.12 2018고단167
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 Crane car.

On April 14, 2018, the Defendant driven the said car under the influence of alcohol level of 0.134% during blood transfusion around 20:25 on April 14, 2018, and led to the flow of the said car to the front side of the Do road in front of the South Sea, South-west-gun.

At the same time, there was a one-lane road in which a median line is installed, so there was a duty of care to live well on the front side and the left side, and to safely proceed without breaking the median line.

In this regard, the Defendant neglected to drive under the influence of alcohol and caused the central line to franchising by negligence, which led to the franchising part of the driver’s seat in front of the driver’s seat in the Franchising car driven in the opposite lane ( South, 50 years old).

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as having no open room within the lecture that requires four weeks of medical treatment, and damage to the warden who was unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the circumstances of the driver of drinking alcohol, an investigation report (report on the circumstances of the driver of drinking alcohol), and an investigation report;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a report on a traffic accident;

1. An accident scene photograph;

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

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

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the heavier punishment shall be aggravated, and the upper limit of the punishment shall be each of the crimes;

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