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(영문) 광주지방법원목포지원 2020.08.11 2019고단1386
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On October 17, 2014, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on the grounds of the violation of the Road Traffic Act.

【Criminal Facts】

1. Notwithstanding the fact that the Defendant had a history of driving under the influence of alcohol, such as the statement of criminal records, the Defendant driven the Dwing-In-Ground from the front road of Mapo-si around 07:40 on October 30, 2019 to the front road of Dapo-si at approximately 800 meters to the same time, with a blood alcohol concentration of 0.141% on alcohol level.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) is a person engaged in driving freight.

Around 07:40 on October 30, 2019, the Defendant driven a cargo vehicle under the influence of alcohol, and driven the front road of “E” in “E” in “E” in “E” in “E” in “E” in “E” in “E” in “E” on the right side of the lower side to the lower side of the two-lanes.

The driver of any motor vehicle shall not drive a motor vehicle in a situation where normal driving is difficult due to drinking or drugs, and when the driver changes the vehicle, he/she has a duty of care to prevent accidents in advance by changing the vehicle line while keeping the traffic situation of the front and rear left well.

Nevertheless, when the Defendant neglected to pay attention to the two-lanes due to negligence while changing the course into the two-lanes due to the Defendant’s negligence, the Defendant was driven by the victim G (hereinafter “W, 47 years old”) prior to the first-lane on the right side of the HK5 car, and received the part behind the left side of the Defendant’s freight vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., in need of approximately two weeks of medical treatment by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the accident, a survey report, a field photograph of the accident, and a Hebbbc records CD;

1. A report on the statement of the executive status of an employee;

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