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(영문) 광주지방법원 2017.09.07 2017고단2856
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 7, 2017, the Defendant: (a) driven a six-lane road in front of the historical and cultural park located in Gwangju Mine-ro, the head of Gwangju Mine-ro around 00:15, along the influence of alcohol level of 0.178% in blood, and led the Defendant to drive a Category II cargo vehicle in the direction of the Promotion High School along the direction of the new intersection from the Promotion High School to the new intersection.

At night and at the front of the defendant, the vehicle used by the victim D was waiting to turn to the left and stopped. In such a case, the driver of the vehicle has a duty of care to drive the vehicle safely so that it does not go against the victim's car and the driver of the vehicle by thoroughly manipulating the front and front time and properly manipulating the steering and operation system.

Nevertheless, under the influence of alcohol, the Defendant found the victim's vehicle at a late time due to negligence that did not keep the front door properly and did not reduce the speed, and changed the vehicle rapidly to the right-hand two lanes to avoid this, and received the victim's vehicle back to the right-hand side of the freight vehicle of the Defendant.

As a result, the Defendant driven the said cargo in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as brain-dead, which does not have any wound within two weeks of open medical treatment.

2. On April 7, 2017, the Defendant: (a) driven a Cpoter 2 truck under the influence of alcohol leveling 0.178% from the 1km section from the front of the apartment site for urban construction located in the new town in Gwangju Mine-dong to the front of the historical and cultural park located in the same Gu-ro 37.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. Statement of the circumstances of the driver at home, and report of the detection of the driver at home; and

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