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(영문) 광주지방법원순천지원 2020.11.04 2020고단1286
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 8, 2020, the Defendant is a person who is engaged in driving BM5 vehicle. At around 0:50 on April 20, 202, the Defendant is able to drive the vehicle in a state of normal operation, such as 0.03% or more of blood alcohol level, the face is red, inaccurate, and the thale is incorrect, and despite the fact that the gale is unable to drive the vehicle in a state of normal operation, such as the gale, the gale is moving from the c middle school to the hale of the hale in front of the hale, the gale of the gale in front

Since the place is a hond road where a yellow-ray central line is installed, a driver has a duty of care to drive along the right-hand side of the central line and to safely operate the steering and brakes well, and to prevent accidents by operating the steering and brakes accurately.

However, under the above circumstances, the Defendant, while neglecting the above duty of care, driven the center line due to negligence while driving the motor vehicle at the opposite lane, was driven by the victim D (Nam, 44 years old) in front of the left-hand part of the cargo Ⅱ and even door parts in front of the left-hand part of the said SM5 vehicle.

As a result, the Defendant driven a motor vehicle under the influence of alcohol level of not less than 0.03%, while driving a motor vehicle under the influence of alcohol that it is difficult to drive normally due to the influence of alcohol, and resulting in the Defendant’s injury to the victim without an open two colons for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of the results of the drinking driving control, the report on the circumstantial statement of a drinking driver, the circumstantial report of a dangerous driver, the investigation report (the degree of blood alcohol concentration) and the application of de facto condition survey report and Acts and subordinate statutes governing the scene of a traffic accident

1. Article 148-2 (3) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking run) regarding criminal facts, the punishment for the former specific crime, etc.

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