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(영문) 광주지방법원 2018.01.11 2017고단5163
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by six 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

[criminal history] On November 13, 2006, the Defendant issued a summary order of KRW 2.5 million to the Gwangju District Court for a violation of the Road Traffic Act (driving), and on April 1, 2016, the same court issued a summary order of KRW 4 million to the same court for a violation of the Road Traffic Act (driving), respectively.

[Criminal facts] The Defendant is a person who is engaged in driving a passenger car of B low-priced typ.

On August 3, 2017, the Defendant driven the said car while under the influence of alcohol level of 0.139% among blood transfusions on August 3, 2017, and led it to the front of the D cafeteria located in Seo-gu, Gwangju.

At night, there is a narrow road located in the front and rear, so in such a case, there was a duty of care to prevent accidents by driving safely, such as making a person engaged in driving a motor vehicle well, operating a steering system accurately, etc.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and stopped at the rear of the Defendant’s driver’s license, brought the part of the Defendant’s driver’s license in front of the Defendant’s driver’s license of the victim E (26 years old) driving, which was parked at the rear of the Defendant’s driver’s license.

As a result, the Defendant, who violated the prohibition of drinking twice or more, drives a motor vehicle under the influence of alcohol, and driving a motor vehicle under the influence of alcohol which is difficult to drive normally, and suffered the victim from the need to receive approximately two weeks of medical treatment, and the base and tension of the upper half of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. Inquiries into the circumstantial records of drivers of drinking alcohol and the results of regulating drinking alcohol driving;

1. A traffic accident inspection report, an accident vehicle photograph;

1. A medical certificate;

1. Previous convictions in judgment: Two copies of a reply to inquiry, such as criminal history, investigation report (verification of previous convictions on drinking), summary order;

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