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(영문) 광주지방법원 순천지원 2017.10.13 2017고단971
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B with low investment.

On May 8, 2017, the Defendant, while under the influence of alcohol of 00:25, 0.170% in alcohol, proceeded at a speed of approximately 40km per hour according to the two-lanes of speed 488, the front road of the Tacting Motor Service Center, which is located in the 488-lane of the front of the Spacting Police Station at the Spacting of Spact.

In such cases, a person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle after checking whether there is a vehicle waiting for signal at the intersection by reducing the speed of the motor vehicle and keeping the front door well by safely driving the motor vehicle at the intersection where signal lights are installed.

Nevertheless, the Defendant, while under the influence of alcohol and neglecting the above duty of care, went forward to the front of the traffic signaled vehicle by D D D D D Ra driving in front of the signal waiting in front of the driving direction, and the front part of the vehicle in front of the above D Ra, due to shock, was pushed in in front of the above D Ra, and the vehicle in front of the vehicle in front of the above D Ra Ra, and the vehicle in front of the above D Ra Ra Ka was pushed over in the future, and the vehicle in front of the signal waiting in front of the vehicle in front of the above D Ra Ra.

Ultimately, the Defendant, as such, driven under the influence of alcohol that is difficult to drive normally, and suffered from the victim G (V, 54 years old) who is the passenger of the said L-related vehicle, for a two-day period of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. C’s statement;

1. Fact-finding reports, circumstantial reports (whether to drive any danger) and inquiries about the results of crackdown on drinking driving;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.

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