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(영문) 광주지방법원 순천지원 2019.02.15 2018고단2165
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 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 (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B K3 automobiles

On August 31, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.207% of blood alcohol concentration at a 0.207%, and led the two-lane road ahead of it to the intersection in front of the south-west village located in the Gyang-si, Gyang-Eup, with two-lanes of the area of the Ganyang-do, into the area of the gyun (the area of the Ganyang-Eup).

No person engaged in driving service shall drive a motor vehicle while normal driving is difficult due to the influence of drinking.

At the time, the Defendant was in a situation where normal driving was difficult due to the influence of drinking, such as smelling, rhythm, string, walking, etc.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the victim C (the 63-year-old driver) who was driving in one lane by negligence in a two-lane, and was placed in front of the right-hand side of the victim C(the 63-year-old driver) driving.

In the end, the Defendant driven a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle at a normal level, resulting in the victim’s left-hand 2,3 balance of 2 weeks of medical treatment.

2. The Defendant was driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.207% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the actual state of the driver;

1. The circumstantial report;

1. The actual condition survey report;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act:

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