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(영문) 광주지방법원 2018.10.25 2018고단3317
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 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. Around 06:00 on August 20, 2018, the Defendant driven a two-way car under the influence of alcohol leveling 0.126% from the section of about 10km from the roads near the Seo-gu, Seo-gu, Gwangju to the e-mail in the Gwangju Mine-dong to the e-mail in the Gwangju Mine-dong.

2. The Defendant is a person engaging in driving a car BD in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 20, 2018, the Defendant driven the above car at around 06:00, and led a new hospital from the dong-dong to the new hospital, depending on four-lanes of 391 (new Dong-dong), south of Gwangju Mine-gu.

At the same time, there was a motor device and bicycle driving in the front door, so there was a duty of care to safely drive the driver by reducing speed and accurately manipulating the steering and brake system.

Nevertheless, the Defendant was negligent in driving a motor vehicle in a state where normal driving is difficult due to influence of drinking and driving the motor vehicle in the same direction as it is, and the Defendant was negligent in driving the motor vehicle in the same direction as before the Defendant’s in the same direction as the victim C, South and 75 years old) drive the DCA110 motor bicycle, and received the part behind the Defendant’s vehicle.

As a result, the Defendant suffered from the victim’s multiple scopic gambling, which requires approximately two weeks of treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the circumstances of the driver involved in driving, etc.;

1. A report on the detection of a primary driver;

1. Investigation report (verification of black stay images), investigation report (special reasons for the application of the Act and the application of the aforementioned dmark formula);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs, such as accident scenes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.

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