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(영문) 광주지방법원순천지원 2020.10.21 2020고단1098
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 19, 2008, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On April 17, 2020, the Defendant is a person who is engaged in the business of driving the Grand Car B, and, at around 0.124% of the blood alcohol concentration on Apr. 17, 2020, the Defendant was under the influence of alcohol at 0.124%, and the Defendant was under the influence of alcohol at 0.124%, and the Defendant was under the influence of the snow, and the Defendant was under the influence of the snow, and even though the walk cannot drive normally, such as the big distance, the Defendant was under the influence of the said vehicle, driving the said vehicle at the direction of the intersection at the entrance of the said c apartment at the time of drinking water, and proceeded with the D apartment from the

Since the location is a tri-distance intersection installed by signal apparatus at the front side, the driver has a duty of care to safely drive the front section and the left and the left well, and to prevent the accident by operating the steering and brakes accurately and safely.

However, under the influence of alcohol, the Defendant was negligent in neglecting the aforementioned duty of care and instead neglecting the balk operation of the balke at the front direction of the proceeding and received the part of the Fchip vehicle behind the Fchip vehicle operated by the victim E in the atmosphere signaled from the front direction of the proceeding.

The Defendant violated the regulations on prohibition of drinking driving at least twice, and operated a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered the victim’s salt, tension, etc. for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer made to E, report on the circumstantial situation of the driver, circumstantial report (whether or not a dangerous driving is done) and diagnosis report made on the results of the control of drinking driving;

1. Previous records of a survey report, on-site evidence photographs of traffic accidents, investigation reports (examination of whether a dangerous driving is conducted): Criminal history records, etc. and criminal investigation reports (applicable to the previous report on driving of a suspect and the summary order attached thereto).

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