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(영문) 광주지방법원 목포지원 2018.06.01 2018고단186
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a XG car in B art.

On January 15, 2018, the Defendant driven a car XG around 23:39 around 203:39, and was straighted from the Twit-ro Radon off to the large distance shooting range from the Twit-ro Radon off to the large distance shooting range, thereby passing through the public health center shooting range.

Since there is a private street intersection with a signal apparatus installed, a person engaged in driving duties of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the brake system while living well.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C, who was in the atmosphere of the signal signal in accordance with the red signals due to negligence of not operating the operating system properly while neglecting this, and received the part of the troke5 vehicle behind the tran XG car.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury, such as brain-dead, which requires medical treatment for about two weeks.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the defendant was driven under the influence of alcohol by the defendant from a slope F affiliated with a slope F of the wooden Police Station E box called out after receiving a report at the time, time, and place specified in paragraph (1) of this Article, while drunking, such as inabsing, smelling, snicking on the face of the defendant.

Even though there are reasonable grounds to determine a person, even though he/she has been requested to comply with the measurement of drinking by inserting the whole in a drinking measuring instrument three times, he/she has failed to comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition (1) and a survey report on actual condition (2);

1. Spatial evidence photographs and on-site evidence photographs;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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

1. Relevant Articles of the Act concerning the facts constituting the crime;

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