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(영문) 창원지방법원 진주지원 2019.10.02 2019고단634
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

1. On May 19, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving the above cargo while under the influence of alcohol level of 0.225% on blood alcohol level at around 15:38, 2019, and led D in Gyeong-gun, Gyeong-gun, U.S. to the F Village protection from E village protection area.

At the time, there was a lux, and there was a place where the center line of yellow solid lines is installed, so there was a duty of care that should be operated thoroughly and safely by maintaining the luxal line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in performing his duty of care while driving a central line while being unable to drive normally and was negligent in driving a motor vehicle in the opposite line, and was driven by the victim G (Y, 54 years old) in front of the driver’s seat of the said cargo vehicle.

As above, the Defendant suffered injury to the victim G who driven the said rocketing car while driving the cargo in a situation where normal driving is difficult due to the influence of alcohol, such as salt ties and tensions that require approximately two weeks of medical treatment, and injury to the victim I (the 49 years of age), who was on board the said car, such as light drums and tensions that require approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) as above, and the Defendant driven B Poter cargo under the influence of alcohol without obtaining a driver’s license at a section of about 600 meters from the front day of the Defendant’s house located in the J of Busan Cheong-gun, Busan Cheongnam-gun, to D in the area of about 600 meters in 0.225% in blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A traffic accident report, actual condition survey report, report on the occurrence of a traffic accident, photographs, and 112 report management table;

1. Each letter of diagnosis;

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