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(영문) 광주지방법원 해남지원 2018.09.06 2018고단237

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of C Poter trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 2, 2018, the Defendant started to take a step in the E-art front parking lot located in the Namnam-gun, Namnam-gun on May 22, 2018.

A person engaged in driving motor vehicles has a duty of care to accurately operate the steering gear and brakes, and to safely drive motor vehicles in front and rear right and right, thereby preventing accidents.

Nevertheless, the Defendant neglected such duty and thereby was able to drive the said cargo while under the influence of alcohol 0.162% due to the negligence of driving the said cargo in a state where normal operation is difficult due to the influence of alcohol 0.162%, and received as the part of loading the said cargo vehicle after G ststanon taxi and the pentel part of the said cargo vehicle.

Ultimately, the Defendant driving the above cargo in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim F, such as catum salt, which requires approximately two weeks of medical treatment, and suffered injury to the victim H (V, 14 years of age) who is the above taxi driver, for about two weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking) driven a C Poter under the influence of alcohol of about 0.162% from a distance of about 7.7km from the sand parking lot to the E-art parking lot located in Nam-gun, Nam-gun, Namnam-gun, Namnam-do, to the point of time and place specified in paragraph 1, and at the point of place, the Defendant driven a C Poter under the influence of alcohol of about 143 meters from a distance of about 7.7km in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Fact-finding reports, investigation reports, and inquiries about the results of crackdown on drinking driving;

1. The scene of an accident and CCTV images;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act