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(영문) 전주지방법원 정읍지원 2020.06.25 2020고단168
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 is engaged in agriculture and is engaged in driving a B-II truck under one’s name.

1. On March 204, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the B Poter Ⅱ while under the influence of alcohol leveling 0.104% of the blood alcohol level, and driving the B Poter Ⅱ in the direction of the Go Chang-gu Eup.

At the time, the car knife driven by the victim C(44 years old) was in progress, and in such a case, the driver of the vehicle has a duty of care to accurately operate the steering direction, brakes, and other devices of the vehicle and to prevent the accident in advance by safely reporting the traffic situation and driving the vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of alcohol, and received the following parts of the passenger car in front of the cargo vehicle.

After all, the Defendant driven the above cargo in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as catum salt of a catum that requires treatment for about two weeks, and suffered injury to the victim E (the fate, the fate) who is the fatum, for about two weeks, such as catum salt in need of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said cargo vehicle under the influence of alcohol by 0.104% at the section of about 2km from the street store in front of G cafeteria located in the Gosk-gun, Gosk-gun, Gosk-gun, to the said G cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Six on-site photographs;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on whether to drive any dangerous motor vehicle;

1. Place where details of the use of drinking meters are printed;

1. Each written diagnosis; 1.

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