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(영문) 광주지방법원 2017.02.09 2016고단4631
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a passenger vehicle B i30.

On September 15, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.176% among the blood transfusion around 14:35, and driven the said vehicle at a speed of about 50 km/h/h of speed in the front of the Gerogical Education Culture Center of Gwangju Educational University, which is located in the Gerogtic Yaeng-gun of the former Gerogic Republic of Korea.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the car line.

Nevertheless, the Defendant, while under the influence of alcohol, driven in a state where normal driving is difficult, was negligent in the course of the centering on the upper bend line, and the Defendant shocked the part of the victim’s DW car volume in front of the left-hand part of the Defendant’s driving vehicle in front of the lower-hand part.

As a result, the Defendant suffered, by the above occupational negligence, the following: (a) the victim E, the victim F, and the victim G suffering from the catum catum in need of approximately three weeks of medical treatment; and (b) the victim E, the victim F, and the victim G, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in E, C, F, and G;

1. A survey report on actual conditions;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 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 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 11 years;

2. The scope of recommended sentences according to the sentencing criteria:

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