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(영문) 광주지방법원 2021.01.22 2020고단5610
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a rocketing taxi in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 20, 2020, the Defendant driven the above taxi on October 13:00, and proceeded with D's front distance in Gwangju Seo-gu, Seo-gu, according to the direction of E's apartment from the direction of turning back.

Since there is a shooting range in which a yellow light on-and-off signal is installed, there was a duty of care to prevent accidents by accurately manipulating the traffic situation of the front right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care for drivers.

Nevertheless, under the influence of alcohol, the Defendant was driven by the injured party F (27 tax) who was driving in the front direction of Defendant taxi due to negligence while neglecting this, and received the back part of the Gpoter Ⅱ in front of Defendant taxi.

Ultimately, the Defendant, while driving the said taxi under the influence of drinking alcohol, suffered injury to the said victim and the victim H (53 Does) who was on board the said taxi and was on board the damaged cargo vehicle, respectively, by taking approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) was driving a B rocketing taxi while under the influence of alcohol leveling 0.253% of alcohol level in approximately 200 meters from the section of approximately 100 meters around the Seo-gu Pungdong, Seo-gu, Gwangju to the front distance in D in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. The former part of Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger or injury to the driving of a motor vehicle) and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act concerning the crime of violation of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

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