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(영문) 전주지방법원남원지원 2020.08.18 2020고단136
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

1. Around 16:20 on February 29, 2020, the Defendant driven the E-Poter Ⅱ truck owned by the Defendant, while under the influence of alcohol of about 1km from the front of the “Cstro” road in the Southern-si B to the front of the Southern-si D. at approximately 0.120% of alcohol level.

2. A person who is engaged in driving of freight Class E in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

Around 16:20 on February 29, 2020, the Defendant driven a cargo vehicle while under the influence of alcohol, as described in paragraph (1), and led the front side of the king-dong community service center to a "F" page from the king-dong community service center.

Since there is a house, there is a side road, and there was a vehicle that is proceeding in the direction of the defendant's proceeding, the driver of the motor vehicle has a duty of care to prevent accidents by thoroughly operating the steering system and the steering system and properly manipulating the steering system.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering direction and brakes while driving the above cargo in a situation where it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and due to occupational negligence, the Defendant took the front part of the victim G ( South, 33 years old) driving in the front part of the left-hand part of the above cargo vehicle, which was driven by the Defendant’s front-hand part of the victim G (Seoul, and 33 years old) driving in front of the left-hand part of the above cargo vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and caused the victim to suffer injury, such as chest and salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A medical certificate;

1. The actual condition survey report;

1. Investigation report (report on the circumstances of a drinking driver) and notification of the results of the control of drinking driving;

1. On-site photographs;

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