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(영문) 광주지방법원 2017.07.13 2017고단1841
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 19, 2017, under the influence of alcohol content 0.251% among blood transfusion, the Defendant driven a B rocketing car at around 0.251% and proceeded to the intersection in front of the Elderly Welfare Center of Gwangju Mine-gu, which is located in 156 as a wooden field, from the long-distance bank of the Aged Welfare Center of Gwangju-gu, the Defendant was a criminal part front of the D vehicle driven by the victim C, who was under the signal atmosphere, in order to proceed from the ethmpib off to the eth-distance square distance.

As a result, the Defendant sustained bodily injury such as the victim E, F (8 years), G (10 years), and the victim H in need of approximately two weeks of medical treatment by driving a motor vehicle in a state where normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. C’s statement;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (in consideration of the fact that the victims' degree of damage is not much excessive, and that vehicles are covered by comprehensive

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