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(영문) 광주지방법원 2019.10.31 2019고단2700

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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. Around 19:50 on May 25, 2019, the Defendant driven a BNS car while under the influence of alcohol alcohol concentration of about 80km from the section of about 80km to the point of 95 km (net bank) of the Honam Highway located in the Jeonsung-gun, Sungsung-gun, Sungsung-gun.

2. The defendant is a person engaged in driving a motor vehicle BVS in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 25, 2019, the Defendant was under the influence of alcohol of 0.150% in blood alcohol concentration on May 25, 2019, and the Defendant continued two lanes of about 90km in speed, 95 km points (in the pure bank) of the Honam Highway in the Jeonsung-gun, Sungsung-dong.

At the same time, there was another vehicle driving at that time, and thus, the person engaged in driving service has a duty of care to properly operate the steering gear and operation of the steering gear in a correct manner.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while making it difficult for the Defendant to drive the vehicle in a normal condition while driving the vehicle, and was negligent in changing the vehicle in the same direction at one lane, and received the D-wing and the right side side of the freight vehicle in the same direction from the victim C(61 years old) to the left side of the Defendant’s vehicle.

As a result, the Defendant suffered, by its occupational negligence, approximately two weeks of injury to the above victim C such as salt, tensions, etc. in need of treatment, and the victim E (the age of 47) who was accompanied by the above cargo to the victim E (the age of 47) for about two weeks of medical treatment, such as shoulders and sprinks, and the victim F (the age of 57) who was accompanied by the above cargo for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. The circumstantial report (whether to drive any motor vehicle in danger);

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

1. Relevant provisions concerning facts constituting an offense;