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(영문) 광주지방법원 2020.09.24 2020고단2456

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

[criminal record] The defendant was sentenced to a fine of one million won by the Seoul Northern District Court on December 17, 2010.

【Criminal Facts】

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

On May 17, 2020, at around 00:03, the Defendant driven the above cargo while under the influence of 0.129% of blood alcohol level, and led to the C Apartment three-lanes in the direction of D Elementary School in the front door of C Apartment, along the two-lanes in the direction of D Elementary School.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front side and right side well, and accurately operating the steering system and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to drive the said cargo in a state where it is difficult for the Defendant to drive in a normal condition due to the foregoing, and bypassing it along the two-lanes of the said two-lanes, and received the part on the left side of the F E-Mp car of the victim E-driving along the same direction.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

2. Around 00:03 on May 17, 2020, the Defendant, while under the influence of alcohol at 00:129% of blood alcohol level, driven B Poter truck over a distance of about 7 km from the front of a cafeteria, which is located in the light lux, to the third c apartment distance at the Naju City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the actual condition of the driver;

1. Dangerous driving of circumstantial reports.