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(영문) 광주지방법원 2018.09.20 2017고단5268
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing C.

On October 14, 2017, the Defendant driven the said car while under the influence of alcohol level of 00:45% in blood alcohol level of 0.102% in a state of under the influence of a driver’s license, and led the said car to proceed to the south apartment from the side of the Seo-gu Seoul Western apartment.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance by safely manipulating the steering direction and brake system.

Nevertheless, the defendant neglected this and proceeds as it is, and he did not discover the victim F (27 years old) who was carrying the E-Poter in the front side of the passenger car in the direction of the defendant's car driving and loaded the E-Poter onto the rear side of the cargo, but did not find the victim F (27 years old) and received the part of the victim's two bridges in front of the passenger car.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as the chief executive officer of the right-hand pelle, who is in need of treatment for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of G traffic accidents;

1. A traffic accident report;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver at home and report of internal investigation (report of the situation of the driver at home);

1. The driver's license ledger (A);

1. A medical certificate or medical record certificate;

1. Application of Acts and subordinate statutes to the extraction of field photographs and black stuffs images;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

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

1. Punishment;

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