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(영문) 광주지방법원 해남지원 2017.11.23 2017고단384
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. On September 15, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), while driving a bwing and C truck with alcohol level of 0.125% during blood alcohol level, and driving a D gas station in the south-Nam-Gun C at the seat of the west-gu Eup/Myeon in Gwangju, the Defendant neglected to drive the ebbbbbbb in the front while he was unable to drive normally due to influence of drinking, such as drinking, heavy drinking, and caused the victim to suffer from an injury in the middle part of the Fbpickler, which was driven by the victim E (46 years) in the front part of the said cargo vehicle, and caused the victim to suffer from about two weeks injury during which he/she needs to take medical treatment.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven the vehicle under the influence of alcohol leveling 0.125% from the 5km section from the front of the original restaurant to the front road of the above D stations, “hang-in, hang,” located in the 4-lane 7 old-ro, e.g., the head of the Eup/Myeon-do at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

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

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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 aggravated punishment for concurrent crimes prescribed 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 as stated on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the heavier punishment shall be aggravated, but the upper limit of the punishment shall be the sum of the long-term punishment for two crimes, and the lower limit of the punishment shall be the short-term punishment for the crime of violation of the Road Traffic Act);

1. Suspension of execution;

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