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(영문) 광주지방법원 2017.02.16 2016고단5070
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

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

On October 26, 2016, the Defendant driven the said car at a speed that is difficult to drive under the influence of alcohol level of 0.226% among blood alcohol level around 17:30 on October 26, 2016, while driving the said car at a speed that is, depending on the two-lanes in front of the lower apartment house that needs to reflect the heading of the Nam-gu Seoul Metropolitan City, Nam-gu, Seoul, and driving the car at a speed that is difficult to know, depending on the four-lanes in front of the apartment.

Since there are many vehicles passing through the vehicle so far, the Defendant was dead, and the Defendant was behind the victim C(69) driving vehicle in the same direction, the Defendant was obliged to pay a duty of care to prevent accidents by securing the safety distance with the vehicle prior to driving, driving the steering system, and operating the steering system accurately.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, and the Defendant received the rear panion of the said cargo vehicle in front of the passenger car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim C and the victim E (the age of 66) who was driving the above cargo vehicle due to the above occupational negligence, such as salt, tension, etc. in each of the two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The scope of applicable sentences under law: Imprisonment for up to six months.

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