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(영문) 광주지방법원 2018.10.18 2018고단3287
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

1. The defendant is a person who is engaged in driving CK5 cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 5, 2018, the Defendant driven the said car under the influence of alcohol level of 0.193% in blood around 02:08, while driving the said car, and led the Defendant to proceed one-lane from the fourth-lane distance from the black 4-lane to the Western University.

At the time, the center line of the yellow-line is installed at night and there is a place where the yellow-line is installed, so in such a case, there was a duty of care for those engaged in driving of the vehicle to live well in the front line and to safely operate the tea well.

Nevertheless, under the influence of alcohol such as red and smelling, the Defendant driven the said vehicle in a condition that it is impossible to drive the vehicle normally due to the influence of alcohol, and caused the Defendant’s injury to the Defendant’s scarf in front of the instant vehicle driven by the victim D(67 tax) who driven by the central line one lane due to the negligence of driving the said vehicle at the same time as that of the Defendant’s vehicle.

2. Defendant 1 driven CK5 cars at approximately 5 km from the so-called mnife 0.193% alcohol level among the blood transfusion during the day-to-day 1.m. to the point of the accident as referred to in the above 1.m.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a driver employed by each owner;

1. Protocols of seizure and list of seizure, search and inspection warrant;

1. As to the investigation report (as to the application of the above Dmark):

1. A written appraisal of alcohol during blood;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs and photographs of traffic accident-related video materials;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Criminal Act concerning criminal facts and the choice of punishment.

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