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(영문) 광주지방법원 순천지원 2019.10.11 2019고단1310
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 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 engaging in driving a M& car

On June 9, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.177% in blood alcohol concentration on 16:45 on June 9, 2019, and continued to drive the vehicle in front of C at all times.

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 difficult condition to drive normally due to the influence of drinking, such as rhythm, string, and walking along the string and seating a part of the redlight on the entrance and nose.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and continued to run as it is, while driving the victim D(51) who is in the atmosphere of the signal at the front of the vehicle, and the back part of the vehicle was under the front part of the vehicle operated by the Defendant.

Ultimately, the Defendant driven a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of drinking, and caused the said victim to suffer salt, tension, etc. in need of treatment for about two weeks.

2. The Defendant was driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.177% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and the choice of imprisonment for each sentence, respectively;

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

1. Article 53 of the Criminal Act for discretionary mitigation.

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