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(영문) 광주지방법원 2019.02.12 2018고단4988
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2018, at least 0.16, the Defendant, while under the influence of alcohol, was unable to drive normally and at least 0.174%, operated a 300-meter Bsch Rexton car at the south of the Gwangju mine area from the front line where it is difficult to identify the trade name in the south of the Gwangju mine area, and continued to drive the 300-meter Bsch Rexton car at the front line of the C apartment road in Gwangju Mine-gu, the head of the Gu and the underground level from the D elementary school. On the other hand, the Defendant neglected the duty of due care to safely drive the E (40 years old) by neglecting the duty of care to care to properly drive, such as care and operation of the steering system and the brake system, and caused the 2nd part of the Frenton car to the front part of the said 37 years old car and the 2nd part of the 2nd day of the 2nd day of the 2nd day of the 2nd day of the 2nd week treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. An accident site photograph;

1. The circumstantial statement of the employee;

1. Application of statutes to copies of each written diagnosis;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the maximum term of the punishments provided for in the preceding part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall not be added.

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