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(영문) 광주지방법원 2019.11.28 2019고단3603
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. A person who is engaged in driving a motor vehicle B within the scope of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

On August 30, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.194% of blood alcohol concentration on August 30, 2019, and continued the front of the YY C Apartment-gun roads from the surface of the D market of the same military to the surface of the E Hospital.

Since there are frequent traffic of vehicles and many parking vehicles, the defendant, who is engaged in the driving of the motor vehicle, has a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle,

Nevertheless, the Defendant neglected to do so and neglected to walk normally, such as the fluorous distance, gal, stale, red and smelled, so that it is difficult for the Defendant to drive normally due to influence of drinking such as drinking, and by negligence, followed the left side of the fluent vehicle parked on the right side of the Defendant, and led the fluor part of the vehicle parked on the right side of the Defendant, and led the fluor of the h K 3 vehicle driven by the victim G(44 years old) who stops in the front of the vehicle.

The Defendant suffered injury to the victim, such as salt ties, tensions, etc., which require approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving the B Abrote vehicle while under the influence of alcohol of approximately 0.194% in the section of approximately 21 km from the cafeteria of the trade name called “I” in Gwangju-gu to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A circumstantial report on dangerous drivers and an on-site investigation report on death or injury caused by dangerous driving;

1. The Acts and subordinate statutes of a medical certificate.

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