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(영문) 광주지방법원 순천지원 2017.03.17 2016고단2482
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 31, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven by C in the state of alcohol of 0.162% of alcohol concentration in blood, while driving a cub motor vehicle in the direction of the cubic village located in the Dong of Gwangju-si, Jungyang-si, Seoul, at a non-speed speed depending on two laness between three laness.

At this point, the intersection where signal lights are installed, where the passage of the vehicle is high, so in such a case, the driver had a duty of care to safely drive the vehicle by accurately manipulating the steering right and the steering gear, etc.

Nevertheless, the Defendant neglected this and got off the front part of the Defendant’s car due to the negligence of the Defendant’s driving while under the influence of alcohol, such as a string distance, which is immanent and unbringed.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as brain-dead, which does not have any wound within two weeks of open medical treatment.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol by 0.162% at a section of about 10km from the front of the Young apartment located in the Gwangjin-gu Glyang-si at the time of the day specified in paragraph (1) to the intersection in front of the entrance of the Hoam Village located in the same Si/Gun, Jungyang-si at the time of the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. The circumstantial report and the circumstantial report of the driver employed at the main place (whether or not to drive any danger);

1. A alcohol appraisal report, investigation report (the calculation of alcohol concentration in the blood applied by the suspect A) and report on the detection of the driver of the main alcohol in the blood;

1. A medical certificate;

1. Application of each traffic accident evidence and photographing statute;

1. Relevant provisions of the Act concerning facts constituting an offense;

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