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(영문) 광주지방법원 순천지원 2019.05.23 2019고단288

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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:40 on January 19, 2019, the Defendant driven a motor vehicle in the E Spo-type under the influence of alcohol with a blood alcohol concentration of 0.139% from the 5km section from the front of the building B to the front of the D convenience point located in C at the time of leisure at the time of leisure.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a motor vehicle in the E-

On January 19, 2019, at around 18:40, the Defendant driven the above vehicle while under the influence of alcohol, and driven the three-lane road in front of the D convenience point in C at the time of influence along the one-lanes from the intersection of the Bridge to the intersection of the Bridge.

At that time, in the same lane as the defendant's vehicle, the victim F (the 25-year-old) was under a stop signal, and thus, the driver was obliged to take care of the traffic situation in the front and the safe driving of the vehicle to prevent the accident in advance.

Nevertheless, the Defendant neglected to drive normally due to the above influence of alcohol and was negligent in driving the vehicle in the absence of normal driving, and received the part of the vehicle behind the vehicle in front.

Ultimately, the Defendant suffered from the injury of the victim H (the age of 26) who was on board the victim F and the victim’s vehicle due to the foregoing occupational negligence, such as salt, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.