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(영문) 광주지방법원 목포지원 2020.04.09 2019고단1588
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was committed by the Defendant on November 16, 2019, when the Defendant driven a Y-III cargo vehicle with blood alcohol level of 0.123% under the influence of alcohol level around 22:45, while driving a three-lane road in front of C in front of C Building at a wooden City with a view to a view to a shooting distance protection of the future hospital shooting distance from the slope of the future hospital in the future, while under the influence of alcohol level, the Defendant was driven by the negligence that the Defendant was under the influence of alcohol and failed to properly operate the steering direction and brake system, and was driven by the victim D(W, 36 years old) who was in the atmosphere of the signal at the front bank, as the front driver part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim F (n, 13 years of age), G (n, 10 years of age) who is the victim D and the victim's passenger, such as the victim F (n, 13 years of age), and G (n, 10 years of age) for about two weeks of medical treatment.

2. On June 25, 2014, the Defendant was issued a summary order of KRW 1.5 million for a fine for the violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court.

Nevertheless, from the first road in the Ha, the Defendant driven a 30km of blood alcohol level 0.123% while under the influence of alcohol level 0.123% from the first road in the Haan-gun, Hapo-gun, Hapo-gun to the front road of the Mapo-si C building.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the occurrence of a traffic accident, field map, actual condition survey report, field photograph, notification of the results of the control of drinking driving, report on the state of drinking drivers, investigation report, investigation report, report on the state of dangerous drivers, on-site investigation report on the injury resulting from dangerous driving, and medical certificate (D, F, G);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of the same type of power), criminal records, and reply reports on criminal records;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of a sound driving);

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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