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(영문) 광주지방법원 순천지원 2019.03.28 2018고단2655
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 15, 2010, the Defendant was punished with a fine of KRW 3 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on September 15, 201, and a fine of KRW 1 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on September 7, 2007.

1. The defendant is a person driving freight B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On November 22, 2018, at around 23:30, the Defendant driven the above cargo while under the influence of alcohol with 0.124% of blood alcohol level, and led to the intersection of the private distance along which the front signal, etc. of D located in C was installed at the lower election commission, from the lower election commission’s view, the Defendant driven the above cargo with the 0.124% alcohol level.

No person engaged in driving service shall drive any motor vehicle while normal driving is difficult due to the influence of drinking.

Nevertheless, the Defendant, under the influence of alcohol, proceeded in violation of the signal in a state where normal driving is difficult due to the influence of alcohol such as breathing, in an inaccurate, unfluoring, walking and walking face, etc., and was directly driven by the victim E (the age 44) driving from the left side of the direction to the front part of the driver’s vehicle of the Defendant’s freight driving with the front part of the left-hand part of the driver’s freight.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered brain-dead sugars that require approximately two weeks medical treatment to the above victim.

2. The Defendant was driving the above cargo under the influence of alcohol level of 0.124% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) (2) (the actual survey report);

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Each photograph;

1. Previous convictions in its ruling: Inquiries and the application of statutes;

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