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(영문) 광주지방법원 2019.07.16 2019고단1646
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving Category B vehicles;

On May 1, 2019, the Defendant driving the said vehicle under the influence of alcohol concentration of 0.163% with a blood alcohol concentration of 0.163%, and led the roads front of the Gwangju Mine District to the Emiddle Schoolside from D elementary school.

In this case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to see the right and the right and the right of the motor vehicle, and to accurately manipulate the steering and brakes so as to prevent the accident.

Nevertheless, the Defendant neglected this and led to the shock in front of the left-hand part of the G K7 vehicle driven by the G K7 vehicle that was driven by the F due to the negligence of driving under the influence of alcohol as above. The Defendant shocked the part of the I K3 vehicle driven by the victim H (W, 39 years old) who was parked on the right-hand side of the Defendant’s running.

As above, the Defendant suffered injury to a victim, by negligence, due to a vehicle driven while normal driving is difficult due to the influence of alcohol, such as cerebral raids that do not have two common conditions in order to provide approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act ( sound driving) driving a vehicle B under the influence of alcohol with approximately 0.163% of alcohol concentration on the section of about 150 meters from the roads near K convenience stores located in the J of Gwangju Mine-gu to the above accident site at the time of a day specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and H;

1. Report on the occurrence of a traffic accident and the report on each traffic accident;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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