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(영문) 광주지방법원 목포지원 2019.05.17 2019고단125

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in the business of driving freight B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On January 22, 2019, at around 20:55, the Defendant driven the above cargo while under the influence of alcohol of 0.121% with a blood alcohol concentration of 0.121%, and driven the four-lane road in front of D in Fagpo City C at the direction of the E market along three-lanes from the entrance of the Jeonnam-do Office.

At the time, there was a vehicle that was stopped in the signal air at night, so in such a case, there was a duty of care to look at the front door well in the driver, and to operate the steering system accurately and accurately.

Nevertheless, under the influence of alcohol, the Defendant received the back portion of the G Malaysia car driven by the Victim F (F) who was under a stop for signal waiting due to negligence while neglecting this, and without examining the front side, as the front part of the Defendant’s vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) driving a vehicle under the influence of alcohol by 0.121% at a section of about 400 meters from the first road located at H at a temporary border such as Paragraph 1 to the D in the front road located at Sinpopo City C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on the state of state of drinking drivers, report on dangerous drivers' circumstances, and report on the control of drinking driving;

1. A report on the occurrence of a traffic accident, an accident site map, and a actual yellow survey report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Selection of Punishment, etc. of Specific Crimes;