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(영문) 광주지방법원 순천지원 2019.05.15 2018고단2647
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B franchise;

On November 16, 2018, at around 23:25, the Defendant driven the above vehicle while under the influence of alcohol with 0.197% of alcohol concentration, and led to the left-hand turn at one-lane of six-lanes from the area of the C Hospital to the area of the D Hospital.

No person engaged in driving service shall drive a motor vehicle while normal driving is difficult due to the influence of drinking.

At the time, the Defendant was snickly sniffed, the snow was boomed, and the Defendant was in a difficult condition due to the influence of drinking, such as walking and snowing.

Nevertheless, under the influence of alcohol, the Defendant, while proceeding to the left-hand turn in violation of the signal, was driven by the victim E(the age of 42) driving in accordance with the straight-on signal at the opposite direction, and received the front-hand part of the driver’s franchise car from the Defendant’s driving to the right-hand part of the passenger vehicle.

After all, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally, suffered from the victim G (50 years of age) with approximately two weeks of climatic tensions and tensions, etc., requiring medical treatment for the victim E, and suffered from the said victim G (50 years of age) with the said rocketing car.

2. The Defendant was driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.197% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. A traffic accident report (1) (2), actual condition survey report, and accident site photograph;

1. Notification of the results of crackdown on drunk driving, a report on the circumstances of a drinking driver, and a circumstantial report (whether or not a drinking driver is under dangerous driving);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Each of the relevant Articles of law concerning criminal facts;

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