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(영문) 광주지방법원 목포지원 2017.05.19 2017고단267
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 11, 2016, the Defendant driven the said rocketing car with a alcohol content of 0.164% during blood transfusions on December 23:15, 2016, while driving the said rocketing car with a view to 0.164%, the Defendant continued to drive the front of the Southern Cancer C in the middle of a two-lane distance from the right to the right to the right from the right to the right to the right to the right.

The Defendant suffered injury, as seen above, to the victim D (36 years) who was on board the said string vehicle with the back part of the E-learning vehicle driven by the victim D while under the influence of alcohol, due to the Defendant’s failure to accurately operate the operation of the operation system, the Defendant received approximately two weeks of light clocks, tensions, etc. to the victim D (36 years of age) who was on board the said string vehicle, for approximately two weeks of light clocks, tensions, etc.; the victim F (53 years of age) who is the passenger of the said damaged vehicle, for approximately two weeks of light clocks, etc.; and the victim G (32 years of age), who is the passenger of the said damaged vehicle, for approximately two weeks of light clocks and tensions, etc.

As a result, the Defendant driven a motor vehicle under the influence of alcohol, and driven a motor vehicle while it is difficult to drive it normally due to the influence of alcohol, thereby causing the injury of each of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report on actual condition, report on the circumstances of drivers engaged in driving, and inquiry into the results of crackdown on drinking;

1. Each medical certificate of D, F, and G, and the application of the laws and regulations on black stuffs video CDs at the time of the incident;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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