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(영문) 광주지방법원 장흥지원 2018.05.31 2018고단48

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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. On February 17, 2018, the Defendant: (a) driven a bwing-III cargo vehicle while under the influence of alcohol content of about 0.161% at a section of approximately 2.5km from the road near the Gangnam-gu, Jinjin-gun, Chungcheongnam-gun, Chungcheongnam-gu, Seoul, to the road via the same Eup-do red cancer intersection; (b) on February 17, 2018, the Defendant driven a bwing-III truck with alcohol content of about 0.161%.

2. The defendant is a person who is engaged in driving of the freight B and C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On February 17, 2018, the Defendant driven the above cargo vehicle around 13:00, and proceeded to turn to the left at the seat of the Jinjin-gu, Jinjin-gun, Jinjin-gun, Jinjin-gun, Jinjin-gun, the Sungjin-gu, Jin-gun, Jinjin-do, the main office of which was located at the seat of the

In this case, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering direction and brake system.

Nevertheless, as stated in Paragraph 1 of the above, Defendant C (23) who was driving in the state of difficulty in normal driving due to influence of alcohol and left-hand from the opposite side of the Jin-Eup to the left-hand side of the Jin-Eup within the intersection, and received the part of the right-hand side of the freight of Defendant C (23) and received the front right-hand side of the freight of Defendant.

Ultimately, the Defendant suffered, by negligence in the above business, the injury of the victim C, on the part of the victim E (the 24-year old-age-old driver) who suffered from the injury to the fluore of the fluore of the fluoral and the fluoral fluoral base requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

1. The application of Acts and subordinate statutes, such as a circumstantial report on dangerous drivers, an on-site inspection report on dangerous driving death or injury, a copy of notification of the results of regulating drinking driving, on-site photographs and explanation;

1. Each specific crime committed under Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol) against the relevant criminal facts.