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(영문) 광주지방법원 목포지원 2020.04.28 2019고단921
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. The Defendant is a person driving B carren car.

At around 21:40 on July 1, 2019, the Defendant driven the said car under the influence of alcohol concentration of 0.195%, while driving the said car at the D church intersection C in a state of under the influence of alcohol concentration of 0.195%.

The driver of a motor vehicle has a duty of care to prevent traffic accidents by accurately operating and safely driving the steering system, steering system, brakes and other devices in the vicinity of the private street intersection where signal lights are installed, since it is three-lane roads near the private street intersection, the driver of the motor vehicle has a duty of care to prevent traffic accidents.

Nevertheless, the Defendant neglected this and neglected to stop in the front of the passenger car, and thereby, received the back part of the victim F(33 years old) driving car which was standing in the front of the passenger car.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered bodily injury, such as impairment of strings, strings, etc., which requires two-day medical treatment to the victim F, and injury to the victim G(27 years of age) who is a passenger of the victim F driver's car, for about two-day medical treatment to the victim G(27 years of age).

2. The Defendant violated the Road Traffic Act (driving) at the time stated in the preceding paragraph, driving the Karen car in the state of alcohol alcohol concentration of approximately 0.195% (the result of the smoking measurement) at the section of approximately 1km from the front of the cafeteria “I” restaurant located in He in Faposi to the front of the D church indicated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report, field photographs, etc.;

1. A report on the state of standing and statement of a drinking driver, and a report on the state of risk drivers;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on investigation reports (CCTV image);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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