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(영문) 광주지방법원 2017.04.20 2016고단5165
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving a vehicle in C in a manner that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 25, 2016, around 03:50 on July 25, 2016, the Defendant driven the two lanes between the two-lanes of the shooting distance road in front of the Heungdong, Seo-gu, Seo-gu, Seo-gu, Gwangju, and driven the two-lanes toward the opening from the direction of the Minecheon elementary school.

At the time, the location is night, and it is a road near a private road. Therefore, the driver of the motor vehicle has a duty of care to take care of the person engaged in driving the motor vehicle well in the operation of the motor vehicle, and to prevent the accident in advance by accurately manipulating the steering direction and brake system.

Nevertheless, while under the influence of alcohol content 0.13%, the Defendant neglected this and failed to verify the EMW320i car of the victim D ( South, 40 years old) who was parked in the traffic signal atmosphere in the first lane, and due to the negligence of changing the vehicle from the second lane to the first lane, the victim's driver's above BMW320i car behind the right side of the driver's vehicle, and received the part of the driver's driver's vehicle back to the upper part of the driver's vehicle in front of the left side of the driver's vehicle.

As a result, the Defendant driven a motor vehicle in a state where it is difficult to drive the motor vehicle normally while under the influence of alcohol and suffered injury, such as salt dump, tension, etc. in need of approximately three weeks of treatment.

2. Defendant 1 driving a spawn vehicle as stated in paragraph (1) of the Road Traffic Act in the section from the date and time stated in paragraph (1) of the above paragraph to the roads indicated in paragraph (1) of the above paragraph to approximately 9.45 km in blood alcohol concentration of about 0.133%.

3. An offender also has a difficulty in driving a motor vehicle with alcohol content of 0.13% in blood at the time and place specified in paragraph 1 above while driving a motor vehicle in the Spoter as stated in paragraph 1 above while driving a motor vehicle with alcohol content of 0.13% in the blood at the same time and place as indicated in paragraph 1 above. The offender also takes the vehicle EM320i vehicle and takes the vehicle to D.

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