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(영문) 광주지방법원 2018.08.16 2018고단2592
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle for the franchise as his/her duties.

1. On April 27, 2018, the Defendant tried to turn to the left at the above intersection while driving the said vehicle under the influence of alcohol level of 0.201% from the blood alcohol level around 0:05 on April 27, 2018, and driving the said vehicle at a speed of 0.201% on the side of the second half of the 2nd west-dong, Chungcheongnam-dong, Jung-gu, Jung-up, the two-lanes of the 3-lane flood distance from the same speed of flood.

At the time, it is an intersection where a signal is installed at night, so in such cases, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code.

Nevertheless, under the influence of alcohol such as drinking, the Defendant was negligent in driving the said vehicle while driving the vehicle in a state where normal driving is impossible due to influence of alcohol, and caused the injury of the victim D (the victim South, 56 years old), who was under direct control pursuant to the new code, due to the Defendant’s negligence in driving the said vehicle, to the left-hand turn in the front left-hand line of the Eststal cab of the victim D (the victim South, 56 years old), who was full left-hand side of the said vehicle of the Defendant, to undergo approximately two weeks medical treatment for the said victim, and the victim F (the victim F (the victim South, 46 years old), who was the passenger of the victimized vehicle, to suffer the injury of the estal finite and the tension in need of medical treatment for about one week.

2. Defendant 1 was under the influence of alcohol level of 0.201% during the day-to-day alcohol level of the above 1. paragraph (1) of the Road Traffic Act and driven a vehicle at a section of about 15 km from the Honam Technology Research Institute to the street in front of the same Si/Eup Eup fire station in the same Si/Myeondong-dong-dong Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking;

1. Each written diagnosis;

1. Application of statutes on field photographs;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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