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(영문) 광주지방법원 순천지원 2018.04.05 2017고단2938

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B cargo vehicles.

On December 10, 2017, the Defendant driven the said cargo vehicle under the influence of alcohol level of 0.193% among blood transfusions on December 10, 2017, and proceeded with approximately 80km/h/h of the two lanes between the two lanes between the two lanes between the two lanes between the two lanes between the two lanes between the two lanes between the two lanes between the two lanes between the two lanes between the two lanes between the two lanes between the two lanes between the two lanes between the two lanes in the Don-Eup.

In such a case, a person engaged in driving service is prohibited from driving at such a speed or by such method as may cause any danger and injury depending on the surrounding circumstances and the structure and performance of his/her vehicle, and if there is a vehicle entering the intersection, the person has a duty of care to prevent accidents in advance by driving safely, such as yielding the course.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally, was negligent in the course of business by a negligence in the course of his duties and without a proper view on the right and the right at the right and the right and the right.

D EXA car was found to be late and operated as soon as possible, but due to the lack of its operation, the part of the front part of the above cargo vehicle driven by the Defendant, which was driven by the Victim C, was also a part of the driver's seat of the said EXA car.

As a result, the Defendant caused the victim E (52) who was on board the damaged vehicle to suffer bodily injury, such as climatic salt, tension, etc. requiring approximately two weeks of medical treatment, and the victim E (52) who was on board the damaged vehicle due to the above occupational negligence, each of them suffered bodily injury, such as a shoulder dump, tension, etc. requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury or injury caused by the driving of each risk) and Article 5-11 of the same Act concerning criminal facts.