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(영문) 광주지방법원 순천지원 2019.05.30 2019고단399
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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. On December 26, 2018, at around 22:15, the Defendant driven a D Sspo-type car from a parking lot near a restaurant called “C” located in B at the time of leisure to the salary class of about 1km from the 1km section to the 52nd class of the summer-ro at the time of leisure, with blood alcohol concentration of 0.113% under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a motor vehicle in a D Spo area

On December 26, 2018, at around 22:15, the Defendant driven the said car under the influence of alcohol, and driven the said car along the two-lane 52-lane in the summer-ro in the summer-ro in the summer-ro in the summer-ro in the summer-ro, the Defendant driven the two-lane in accordance with the parallel-lane 1-lane in the summer-ro, the parallel-lane in the parallel-ro, the parallel-distance,

At this point, as a place where a central line has been installed, there was a duty of care to safely drive a person engaged in driving service without harming the central line.

Nevertheless, the Defendant neglected to drive a motor vehicle under the influence of alcohol as above while driving the motor vehicle at a central line due to the negligence of driving the motor vehicle at a one-lane due to the failure of normal driving due to the above influence of alcohol, thereby resulting in a G franchise driven by the victim FF (the age of 60) driving the motor vehicle at a one-lane level, and received the upper part of the left-hand part of the motor vehicle in front of the left-hand part.

Ultimately, the Defendant suffered injury to the victim H (V, 54 years old) who was on board the victim F and the damaged vehicle due to the foregoing occupational negligence, such as salt, tensions, etc. in need of treatment for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant laws concerning criminal facts, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury resulting from dangerous driving) and Article 148-2 (2) 2 of the Road Traffic Act.

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