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(영문) 광주지방법원 순천지원 2019.03.14 2018고단1955
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 a motor vehicle B.

On August 27, 2018, at around 17:20, the Defendant driven the above vehicle while under the influence of alcohol 0.256% of alcohol level 0.256%, and driven the road near the intersection of the D convenience point in the Gyang-si.

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 state to drive normally due to the influence of drinking, such as the influence of smelling, the influence, and walking.

Nevertheless, while under the influence of alcohol, the Defendant neglected it, and instead neglected it, led the three-lane roads near the three-lane intersections in the vicinity of the D convenience point in Gwangjin-si, to the right-hand side of the Defendant’s driving, the part of the victim G (e.g., the 40-year-old driving) driving’s Hrocketing or other car driving’s upper right-hand part of the Defendant’s driving, which was driven along the one-lanes from the F apartment room to the surface of the container hold-hand driving distance.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered the climatic salt, tension, etc. from the above victim for about two weeks of medical treatment.

2. The Defendant was driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.256% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts and the former Act on the Aggravated Punishment, etc. of Specific Crimes,

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