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(영문) 광주지방법원 목포지원 2017.11.30 2017고단1210
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment 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 of the freight B and C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 1, 2017, the Defendant driven the above cargo while under the influence of alcohol 0.146% during blood transfusion 0.1.22:06, the Defendant continued to drive the above cargo while driving at the speed of 0.146%, one lane out of the two lanes in the front of the Dambling C, at the speed of the Gu police station from the long distance room in the front.

At the time, a vehicle waiting for signal at night and at the front time stops, so in such a case, there was a duty of care to safely drive the vehicle by properly manipulating the brake system and operating it.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the part concerning the back of the victim E (the 53-year-old driver) driving that was stopped at the front of the foregoing cargo vehicle by the Defendant was placed in front of the above cargo vehicle by the Defendant.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment.

2. On October 1, 2017, the Defendant was under the influence of alcohol content of 0.146% in blood on October 22, 2017, the Defendant driving a vehicle of Bwing and C in the section of approximately 3km from the front of the center in the North Korea Sea of Ganpo-si to the front of D in the same city in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition, on-site photographs, on-site and vehicle photographs;

1. Statement report on the circumstances of the driver at the main place, report on the circumstances of the driver at the dangerous place, and report on the field of the accident resulting from death or injury

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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