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(영문) 광주지방법원 순천지원 2020.07.22 2020고단326
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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 June 21, 2010, the Defendant was issued a summary order of KRW 700,000 as a fine for violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

The defendant is a driver of a wing and motor vehicle B.

On January 22, 2020, the Defendant driven the above cargo while under the influence of alcohol 0.122% of alcohol concentration 0.16:45 on January 22, 2020, and proceeds in the way of driving the Dju station in front of the Dju station in Suncheon City, along the two-lanes from the eropiri distance to the eropiri distance, and in the same direction ahead of the victim E(35 years old) driving, the Defendant had a duty of care to secure and proceed with the safety distance to avoid when the vehicle stops.

Nevertheless, the defendant neglected this and neglected the part of the back part of the BMW car driven by the above victim while stopping the signal atmosphere due to occupational negligence in the vicinity of the defendant's cargo vehicle.

As a result, the Defendant driven the above cargo in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim G (35 years of age) who was on board the damaged vehicle, such as salt ties, tensions, etc. in need of medical treatment for about two weeks, and suffered injury to the victim G (35 years of age) in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A survey report on actual condition (1) (2);

1. On-site photographs of a traffic accident;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Each written diagnosis;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of criminal records of a suspect in violation of the Road Traffic Act), and application of Acts and subordinate statutes of one summary order;

1. Prior to the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes by each of the relevant provisions of the Act on the Criminal Crimes, the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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