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(영문) 광주지방법원 목포지원 2016.11.03 2016고단1012
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) shall be engaged in driving automobiles BM5

At around 21:00 on June 4, 2016, the Defendant proceeded at an insular speed along the three-lanes of the business incubator in front of the business incubator, which was located in 189, by the Choho-si, Choho-gun, Young-gun, Chungcheongnam-si, etc., from the direction of the Sinpo City to the Jin-gun.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents by safely driving the motor vehicle, such as reporting the front side well, accurately manipulating the steering gear, etc.

Nevertheless, while under the influence of alcohol content of 0.141%, the Defendant neglected this and found D's franchise automobiles which were driven by the victim C, who was in the signal atmosphere before the same direction, late later, and due to the negligence that the Defendant was negligent in not operating the vehicle at hand, and received the parts behind the above SM5 vehicle in front of the above SM5 vehicle.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained the injury of the victim C, such as salt, tensions, etc. of the bones of wood that requires medical treatment for about two weeks, and suffered the injury of the victim E, who is a passenger of the franchising motor vehicle, about two weeks of medical treatment.

2. Violation of the Road Traffic Act (MM5 vehicle) was driven by the Defendant on the BM5 vehicle under the influence of alcohol content 0.141% at the section of approximately 300 meters, from the Do in front of the cafeteria 189, a “fluent rain” restaurant located in the Camho-gun, Camho-gu, Camho-si, Camho-si, etc. prior to the business incubator in front of the business incubator.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report, on-site photographs, each diagnosis report, estimates, and the circumstantial report of the main driver; and

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