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(영문) 광주지방법원 2018.04.05 2017고단5071
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

The defendant is a person who is engaged in driving service of Bbeer or a car.

On May 20, 2017, the Defendant driven the said car under the influence of alcohol level of 0.186% from blood alcohol level around 20:41 on May 20, 201, and turned to the left at a rapid speed from the side of the new university to the first apartment of the bank.

At the time, since it is night and its location is where signal lights are installed, the driver had a duty of care to drive safely according to the signals by reducing speed and checking well the right and the right and the right of the driver.

Nevertheless, the Defendant was negligent in neglecting the above duty of care in a state where normal driving is difficult due to influence of drinking, and due to the negligence of left-hand turn from the front line of the Defendant’s front line, which was carried out from the 3rd distance from the Defendant’s front line to that of the new university, the part of the victim E (39 years old)’s front-hand part of the Fmari-off car’s driving, which was carried out under the straight line from that university.

Ultimately, the Defendant suffered, by the above occupational negligence, the victim G (38 Does) who is a passenger of the car in the said horse with approximately two weeks of medical treatment for approximately two weeks, each of the following factors: (a) the Defendant suffered from the victim G (38 Does) with respect to the fluoral base in need of medical treatment for approximately two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Notification of the results of crackdown on drinking driving, and output of the measurement record of drinking;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by each dangerous driving);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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