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(영문) 광주지방법원 해남지원 2019.07.11 2019고단166
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

[criminal power] On June 3, 2015, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's support on June 3, 2015. On October 1, 2015, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) from the Gwangju District Court's Maritime Branch Office.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B;

At around 14:00 on March 20, 2019, the Defendant continued to proceed from the westwest to the ground end of the road on the front side of the west-gun, Namnam-do.

At the same time, the person engaged in the driving of motor vehicles had a duty of care to accurately manipulate the steering gear and the brake system and to safely drive it, since he/she was at the same time, he/she was at the speed of a bend and a bend by a one-lane road.

Nevertheless, the Defendant, while under the influence of alcohol level 0.205%, was unable to drive normally, caused the above cargo to go on the left side of the road by negligence on the bend side of the vehicle while driving the above cargo.

As a result, the Defendant driving the said cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim D(78 years of age) who is the passenger of the said cargo, such as a ductal, etc. which requires treatment for about four weeks.

2. Around 14:00 on March 20, 2019, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 0.205% without obtaining a driver’s license from a distance of about 2km from the road near the 14:00 to the road in front of South west-gun, west-gun, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The investigation report on the actual condition of traffic accidents, the report on the circumstantial statements of drinking drivers, and the inquiry into the results of the control of drinking driving;

1. A report on internal investigation (report on the situation of withdrawal);

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