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(영문) 광주지방법원목포지원 2020.09.15 2020고단185
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a B K5

On February 13, 2020, at around 23:35, the Defendant driven the said vehicle under the influence of alcohol content of 0.204%, while normal driving is difficult due to the influence of alcohol, and the Defendant was driving the said vehicle in the direction D in the direction of Han Park at the entrance of the building C at the breapo City.

At the time, since it is night and there is no center line, it was a duty of care to safely drive the steering gear and brakes by accurately manipulating them.

Nevertheless, the defendant, while under the influence of alcohol, has been driven by the victim E(the age of 31) who was parked in the front of the driver's seat of the FTrack in the front of the driver's seat of the driver's seat of the defendant, which was driven by negligence on duty while neglecting his duty at the front of the driver's seat.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., in need of medical treatment for about two weeks.

2. On February 13, 2020, the Defendant: (a) around 23:35 on February 13, 2020, the Defendant driven B K5 cars while under the influence of alcohol of about 0.204% of blood alcohol content from the section of the section 100 to the section of the D parking lot located in G from G to the front road of the Mapopo City Building C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident, brief map of the accident site, actual condition survey report, and photograph of the accident site;

1. A report on the actual state of the driver;

1. A medical certificate;

1. Application of investigation reports (Attachment of distressed video images), accident video CD-related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (3) 1 and Article 44 of the Road Traffic Act concerning criminal facts, the choice of punishment, and the selection of punishment;

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