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(영문) 광주지방법원목포지원 2020.10.08 2020고단316
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around 20:50 on November 25, 2019, the Defendant driven a B Clostler vehicle with a blood alcohol concentration of about 0.094% in the section of about 1km from the 1km to the intersection of 362 Maoman Road as of the same hour from the Do of the Peace Square restaurant at the time of Mapopopo-si to the intersection of the 362 Maoman Road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) led the Defendant to drive the said car under the influence of alcohol as described in Paragraph 1 at the time stated in Paragraph 1 and turn it to the left at the seat of the C Hospital located at the Pool-distance Intersection.

At this point, traffic signals have been installed and the traffic of vehicles has been frequent, so there was a duty of care to safely drive the driver, such as seeing the front door and properly operating the operation and steering gear.

Nevertheless, by neglecting this, the Defendant was negligent in operating the brake system at the late time without looking at it well, and received the part behind the Defendant’s vehicle in front of the front part of the Defendant’s vehicle, following the FK5-si driving of the victim E (Seoul, 34 years old) who was standing in the front signal line before the Defendant’s vehicle.

As can be seen, the Defendant, while driving the Defendant’s vehicle under the influence of alcohol that is difficult to drive normally, inflicted injury on the victim E, such as “finites and tensions,” which requires approximately two weeks of medical treatment, such as “finites and tensions,” and the victim G (V, 40 years of age), H (V, 11 years of age), and I (n, 11 years of age), who are customers of the said taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Each E statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, accident photograph, hearing report (E), report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), circumstantial report of a dangerous driving driver (A), on-site investigation report of a dangerous driving accident, and on-site investigation report of a dangerous driving accident;

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