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(영문) 광주지방법원 2017.05.18 2016고단5962
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B B B B B B luri vehicle.

On October 26, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.143% among blood transfusion around 04:00, while driving the said vehicle, and driving the slowly long-distance road in the direction of Gwangju Northern-gu along the three-lane from the direction of Gwangju Educational Unit.

In this case, the driver of the motor vehicle has a duty of care to operate the steering gear and brakes accurately by thoroughly operating the steering gear and brakes.

Nevertheless, the Defendant neglected to drive normally due to the influence of alcohol, while he is unable to do so, and was negligent in driving at the front side of the same lane, and thereby making the back part of the victim C(51) driving, which was parked in the signal waiting at the same lane, the Defendant was placed in front of the Defendant’s driving vehicle.

Defendant 1 suffered injury to the victim C and the victim E (74) who is a taxi passenger due to the foregoing occupational negligence, respectively, in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of victim E;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. A report on investigation;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime 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;

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

1. Selection of each sentence of imprisonment;

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 suspended execution;

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and the observation of protection, etc.;

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