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(영문) 광주지방법원 목포지원 2019.09.27 2019고단291

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B rocketing and other automobiles.

On February 18, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.159% of alcohol level 0.22:35, and driven the above vehicle at a speed of about 90km at a speed of about 15.9 km near the coastal Highway at the Yananan-gun, Yanannam-gun, Yannam-gun, and flown at a speed of about 15.9 km near the coastal Highway at a speed of 15.9 km along two lanes.

At the time, it was difficult to view the front door at night, and the front door, so in such a case, there was a duty of care for the person engaged in driving service to see the front door well, and to operate it safely by accurately operating the steering gear.

Nevertheless, the Defendant neglected this and got the front part of the Defendant’s vehicle, which was driven by the victim C(the age of 48) who was driving in the front of the Defendant’s vehicle due to the negligence while driving.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment.

2. A violation of the Road Traffic Act (driving a sound driving) was driven by the Defendant at a level of about 25 km from a temporary border, such as paragraph (1) to a shot-gun, Yanannam-gun, Yannam-gun, Yanannam-gun, Yanannam-gun, the coastn Expressway, to a road near 15.9km, with a blood alcohol concentration of at least 0.159%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident;

1. A traffic accident report, report on the occurrence of a traffic accident, on-site photographs, etc.;

1. The application of the circumstantial statement of a drinking driver, report on whether to drive at risk, consent to and confirmation of whether to grant consent to blood collection, inquiry request for appraisal, notification of the results of the control of driving at drinking (the results of blood collection), and application of Acts and subordinate statutes to investigation reports (control-related);

1. Criminal facts;