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(영문) 광주지방법원 순천지원 2018.04.05 2017고단2856
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

The defendant is a person who is engaged in driving a CM5 car.

On November 12, 2017, the Defendant driven the said car under the influence of alcohol level of 0.220% among blood transfusions on November 13:10, 2017, and continued to drive the said car to the low-water village from the direction of the entrance of the new village located in the new welfare of the Silsan-Eup at the summer-do at the summer-si.

At the entrance of the village, the passage of ordinary people is frequent, and a bend is bend, so in such a case, the driver has a duty of care to safely operate the steering system by accurately manipulating the steering and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the steering system.

Nevertheless, the Defendant neglected this and negligently driven a vehicle while driving the vehicle as it is while driving the vehicle, and caused the victim D (V, 49 years old)'s left side bridge on the right-hand side of the said vehicle to shock the part of the above vehicle's top top.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury to the victim, such as the left-hand bar, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The circumstantial statement of the driver at the main place and the circumstantial report of the dangerous driver;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the lowest limit shall be the punishment that is prescribed for the crime of violating the Road Traffic Act) of the aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Social Service Criminal Act lies in the criminal records of the same kind; the degree of the defendant's blood alcohol concentration at the time of driving of the instant case; and the defendant's person.

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