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(영문) 광주지방법원 순천지원 2018.07.05 2018고단481
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On September 1, 2009, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on September 1, 2009, and a summary order of KRW 5 million for the same crime in the same court on April 29, 2014.

The Defendant is a person who is engaged in driving of B-B cargo vehicles.

On January 30, 2018, the Defendant driven the foregoing cargo vehicle with a alcohol level of 0.195% (Rebreast measurement) during alcohol level in around 10:48, while under the influence of alcohol level, and led the Defendant to drive the said cargo vehicle in front of the ecological tunnel of 16th month (new-powered) in the direction of erothic distance from the ethrothic distance, and proceeds to two-lanes among three-lanes in the direction of the distance of the company house located as the high-tech location.

Since signal lights are installed at the front door and the traffic of vehicles is frequent, in such a case, the driver of the vehicle has a duty of care to live the front door well and operate the steering and steering system accurately and safely.

Nevertheless, the Defendant, due to the negligence of driving under the influence of alcohol, led the victim C (hereinafter referred to as the 50-year-old driver) who is waiting for the signal signal in the front of the vehicle from which the victim C (hereinafter referred to as the 50-year-old driver) drive the f X-ray car in the front of the vehicle from which the francing driver was pushed, and caused damage to the f.m. driver's vehicle under the signal signal in the front of the vehicle from which the f.m. was pushed.

After all, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as brain-dead sugar, which does not have any one in two open for two weeks of medical treatment, and injury to the victim E, such as brain-dead sugar, which does not have one in two open for the number of days of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each written diagnosis;

1. Each photograph;

1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;

1. The Road Traffic Act applicable to criminal facts;

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