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(영문) 광주지방법원 2018.04.10 2018고단488
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a franchise-to-car vehicle.

1. On December 24, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car in a situation where normal driving is difficult due to the influence of alcohol on December 24, 2017, and led the said car to drive the said car along the two-lanes of the two-lanes from the 2nd street to the 308 new-style apartment in front of the new-ro 308, 161-ro, New-ro, Gwangju Mine-ro, Gwangju.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving the steering system, such as making it possible to see the right and the right and the right and the right and the right and the right and the right and duty of operation.

Nevertheless, the defendant was negligent in driving a vehicle while neglecting the above duty of care and was driven by the victim C (24 tax) who was waiting in the same lane on the same lane as that of the defendant's vehicle.

Defendant 1 caused the injury of the victim C by negligence in the course of business as above, which caused the injury of the victim C, to the knee in a knee-gnee-gel, knee-gnee-gel-g

2. The defendant has driven a motor vehicle while under the influence of alcohol by the police officer who has received reports at an accident place under the preceding paragraph at the same time on the same day as that set forth in the preceding paragraph, or by the police officer who has called out after receiving reports at 112 on the occurrence of a traffic accident, such as smelling alcohol on his/her face and her redlighting.

On December 24, 2017, from around 01:49 on December 24, 2017 to around 01:59 on the same day, the person was requested to take a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. A criminal investigation report (on-site conditions);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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