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(영문) 광주지방법원 2019.07.04 2019고단1780
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant is a person who drives two cargo vehicles: B.

1. Around April 11:25, 2019, the Defendant: (a) driven the foregoing cargo vehicle in the section of about 1km from the front of the D cafeteria located in C in the State of a State to the F neighboring road located in E in the same City, while under the influence of alcohol by 0.213%; (b) around 1km.

2. On April 9, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above cargo vehicle while under the influence of alcohol level of 0.213% on blood alcohol level on April 11:25, 2019 and proceeded at a speed of about 50 km per hour in the direction of G from the eth of innovation city to the eth of innovation city.

In this case, the driver of a motor vehicle has a duty of care to accurately operate the steering system of the motor vehicle or tram, brakes, and other devices of the motor vehicle or tram, and not to drive the motor vehicle at a speed or in a manner that may cause danger and harm to others according to the traffic situation of the road and the structure and performance of the motor vehicle or tram.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the above cargo vehicle, with the negligence of driving the cargo while driving the cargo in a difficult situation with the intention of regulating the power of the Defendant, while it was difficult for the Defendant to carry out the operation time of the operation of the electric and steering steering system, etc., or with the intention of regulating the power of the Defendant.

Ultimately, the Defendant suffered injury to the victim H (the age of 56) who was on board the Poter II cargo due to occupational negligence in the course of driving a motor vehicle while normal driving is difficult due to such influence of alcohol as above, such as the rash pelle, etc. requiring approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Driving under the influence of alcohol;

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