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(영문) 광주지방법원 2020.02.13 2019고단4906
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 EXE car.

On November 8, 2019, the Defendant, while under the influence of alcohol more than 0.03% of blood alcohol concentration on at least 02:55, operated the above X-ray car, and led to the roads of four-lanes in front of the D gas station in Gwangju Mine-gu C, along the three-lanes from the E hospital room to the lower Namsan-gun six-lanes.

At the time, the signal, etc. is installed at night and at the front, so in such a case, the driver of the motor vehicle has a duty of care to drive the motor vehicle safely in accordance with the new subparagraph by thoroughly putting the front-round vision to the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not thoroughly conduct the front week while under the influence of alcohol, and was negligent in driving in the front part of the above X-ray car in the front part of the above X-ray car, and received a part behind the victim FF (the age of 61) driving that was parked in the front part of the above X-ray car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle with a volume of approximately one kilometer from the first road located in Gwangju Mine-gu H to the front road of the pertinent D oil station, while under the influence of alcohol with a blood alcohol concentration of more than 0.03% at the time and time as stated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. The actual survey report on traffic accidents;

1. The circumstantial statement of the employee;

1. Investigation reports on the on-site situation, etc.;

1. A report on investigation (a review as to drinking water);

1. Requests for appraisal;

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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