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(영문) 광주지방법원 목포지원 2021.03.30 2020고단1099
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three 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 the B and 3 chemical vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On June 25, 2020, the Defendant driven the above cargo while under the influence of alcohol 0.198% during blood transfusions, and made it left left left at the Dhump from the non-Eup/Myeon of Geum-gu.

At this point, there is a duty of care to prevent accidents, such as checking whether a person engaged in driving service has a vehicle that is in the position of a defendant who well sees the right and the right and the right of the way, and yield the course to a straight vehicle.

Nevertheless, the Defendant neglected to drive under the influence of alcohol and neglected to turn to the left as they are, thereby causing injury to the victim F (the remaining and the front part of the Defendant’s vehicle at the 60-year-old Gystren vehicle located in the Ethth page with the front part of the Defendant’s vehicle located in the front part of the Defendant’s vehicle at approximately 4 weeks due to the shock, such as “the head of the 1st u w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w

2. On June 25, 2020, the Defendant driven the said vehicle from a J restaurant located in Jananan-gun I to the roads near the Southern Military C in the southan-gun, under the influence of alcohol by around 0.198% during blood in around 21:16 on June 25, 2020.

Summary of Evidence

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident by a defendant's statutory statement, a report on actual condition of a driver in charge, a report on the circumstances of a driver in charge, and a report on investigation (a statement about the circumstances of the accident of victim F)

1. The former part of Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing danger and injury to the driving of a motor vehicle) as to the crime under Article 5-1 of the pertinent Act, and Articles 148-2(3)2 and 44 of the Road Traffic Act.

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