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(영문) 광주지방법원 해남지원 2017.07.06 2017고단166
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. On March 22, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) (hereinafter “Aggravated Punishment, etc.”) was negligent in neglecting to drive the ebbbbbbb in the state where he was under the influence of alcohol level of 0.294% while driving a B ebbbbb in the state of alcohol level during blood transfusion, and driving the D golf course in the front part of the D golf course located in E at the seat of the F Party Party located in E at the seat of E, while he was snbling, snbling at the inside, and driving in the state where normal driving is difficult due to the influence of drinking, such as he was unable to accurately operate the steering direction and brake system, and was able to leave the road to the right part of the above vehicle, and was able to take part in the front part of the ebbbbbbb in the front part of the said vehicle, and sustained the victim’s ec.

2. Defendant 1 driven the said vehicle under the influence of alcohol concentration of about 0.294% from the 2km section from the above F Party at the night to the front road of the above D Golf course at around the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Medical certificate (I);

1. A traffic accident report (survey report on actual condition), a statement on the circumstances of the driver in charge, a on-site investigation report on the case resulting from the death or injury of the driver in charge of dangerous driving, a response to a request for appraisal, a report on detection of the driver in charge of the primary accident

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 1 and 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria;

(a) Crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury or Injury caused by dangerous driving) (the scope of the recommended punishment) shall be general traffic accidents.

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