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(영문) 광주지방법원 순천지원 2017.11.24 2017고단1486
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

The defendant is a driver of a low-speed car in B.

On July 8, 2017, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.128% among blood transfusions on July 16:20, 2017, and proceeded along the two lanes between the two-lanes at the seat of the Women's Culture Center, at the seat of the Women's Culture Center, at the entrance of the municipal ordinances, which are located in the docheon City 0.128%.

In this case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to see the front side and maintain the safety distance in order to prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to drive a vehicle in the vicinity, thereby resulting in the driver's negligence and thereby resulting in the driver's failure to drive the vehicle in the vicinity of the vehicle, and followed the left-hand side of the vehicle in front of the vehicle in front of the Defendant's low-speed.

As a result, the Defendant suffered injury to the victim E (the 24 years old) who was on board the said C and the low-speed car due to the negligence in the course of performing duties while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, such as salt c and tension for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act concerning community service and order to attend lectures;

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