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(영문) 광주지방법원 목포지원 2018.06.11 2018고단217
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person who is engaged in driving a body car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On February 28, 2018, the Defendant driven the said car under the influence of alcohol level of 0.183% from blood alcohol level around 18:05, and continued to proceed to the market on the side of the apartment unit for the use of D, which is in front of the front road in the south Shipo-si, Nampo-si.

At this point, since the road with the center line of yellow solid lines was one-lane, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents such as safe driving by maintaining the lane well.

Nevertheless, under the influence of alcohol, the Defendant neglected this and got off a part of the left side of the F F. M. A. F. F. F. F. M. car driving by the Defendant was driven in front of the right side of the vehicle driving by the Defendant, which is driven by the Defendant, due to the negligence that the Defendant driven along the center line of the yellow domin line while it is difficult to drive in a normal manner, such as a string distance.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as salt and tension in need of treatment for about two weeks.

2. The Defendant, in violation of the Road Traffic Act, driven a bro-car under the influence of alcohol leveling 0.183% from the 3km section from the distance of approximately 3km to the place indicated in paragraph 1, after the Korean Hospital, Yongpo-si, Nam-si, Seoul Metropolitan City, a day before the day specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, on-site and photograph of the vehicle, and a survey report on actual condition;

1. Notification of the results of regulating the driving of drinking alcohol, a statement in the circumstances of the driver of drinking alcohol and a circumstantial report thereon;

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

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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