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(영문) 광주지방법원 순천지원 2018.05.10 2017고단2884
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. The Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Incheon District Court on August 31, 2009, and was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on December 4, 2006.

2. The Defendant is a person who is engaged in driving of the Bppon car.

On November 9, 2017, the Defendant driven the said car under the influence of alcohol content of 0.201% from blood transfusion around 17:50 on November 9, 2017, and continued the three-distance prior to Fecheon High School with a green of South Ycheon-si at the same time with a view to the remote distance in the water market.

The location is a three-distance intersection where signal lights are installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to see the right and the right and the right and the right and the right and the right and the duty of care to operate the motor vehicle safely.

Nevertheless, the Defendant neglected to drive under the influence of alcohol in such a state that it is difficult for the Defendant to drive the vehicle normally due to the influence of alcohol, and was driven by the lower part of the DK7 car driven by the Defendant, which was driven by the victim C (48 e.g., the victim C) who was standing in the atmosphere of a marina signal due to the occupational negligence.

As a result, the defendant, who has driven two or more times of drinking and who has driven a motor vehicle with a difficulty of normal driving due to influence of drinking again, suffered by negligence in the course of business that drives a motor vehicle and caused the victim to suffer from an injury, such as cryp salt, which requires medical treatment

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A written inquiry about the result of regulating drinking driving;

1. Report on the circumstances of driving under the liquor:

1. A medical certificate;

1. On-site evidence and photographs;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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