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(영문) 광주지방법원 순천지원 2018.03.02 2017고단2638
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

【Criminal Records of Crimes】 On February 28, 201, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on February 28, 201, and on May 28, 2014, a fine of KRW 3 million was issued by the same court as the same crime.

【Criminal facts】 The Defendant is a person who is engaged in driving the Category B car.

On November 19, 2017, the Defendant driven the said car under the influence of alcohol level of 0.124% from blood transfusions on November 19, 2017, and led the road front of the door water gate, which is located on an ad hoc water level, bypassing it from the direction of the Maritime Affairs and Fisheries Office to the horizontal distance.

At this point, the road bended to the right side, and the road on the horizontal distance is installed with a central line, so the driver of such motor vehicle has the duty of care to reduce speed, accurately manipulate the steering and brake devices, and safely drive the motor vehicle in compliance with the rules of duty.

Nevertheless, Defendant 1 driven without a normal driving due to the above influence of alcohol, and was driven by C, which is driven by C, which is driven on the side of the door-distance distance from the center line after the right-hand by negligence, after the right-hand, due to the above influence of alcohol, the front portion of the left-hand side of the said car.

Ultimately, the Defendant suffered approximately two weeks knee knee knee knee knee knee knee kne knee knee knee knee knee knee knee

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The circumstantial statement report and the circumstantial report of the driver at the main place of business (whether to drive any danger or not);

1. A medical certificate;

1. An accident scene photograph;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (a copy of judgment);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a sentence;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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