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(영문) 광주지방법원 2018.04.26 2017고단5902
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

On November 7, 2017, the Defendant driven a B car with alcohol level of 0.111% during blood alcohol level around 00:35, and neglected the duty of drinking in the front direction of the 234 disabled welfare center to the extent that it is difficult for the Defendant, while under the influence of drinking to the extent that he is unable to memory the situation at the time, while driving normally, while driving the car in the direction of the 234 disabled welfare center in the northwest-gu, Gwangju, the Defendant, while driving the car on the right side by wrong operation of the steering gear, proceeded to the right side of the victim C (the 40-year-old driver, and the 40-year-old driver) with the front part of the vehicle, conflict with the D-hand side of the victim C (the 40-year-old driver).

As a result, the Defendant damaged the above-mentioned vehicles, etc. to require a total of KRW 8,030,000, and caused the victim C to suffer salt and tensions, etc. in need of approximately two weeks of treatment, the victim E (68 tax), and the same F (66 years of age) of the damaged vehicle, respectively, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of G, E, and F;

1. A survey report on actual conditions;

1. Notification of the results of crackdown on drinking;

1. Statement of the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) and Article 151 of the Road Traffic Act (the point of business and actual damage) concerning the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

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. The crime of this case committed by causing a traffic accident under the influence of sentencing under Article 62-2 of the Criminal Act, which causes the victims to suffer human and physical damage, shall be deemed to be a crime of this case.

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