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(영문) 광주지방법원순천지원 2020.11.04 2020고단1198
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

On April 5, 2016, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on April 5, 2016, and the same power is three times in total.

On May 1, 2020, the Defendant is a person engaged in driving B-III cargo vehicles. On May 1, 2020, at around 0.15:40% of the blood alcohol concentration, the face is red, cross-routing, and even though the walk is in a state that it is impossible to drive normally, such as a short distance, the Defendant driven the said cargo vehicle, and led the C-lane prior to D in the lightyang city C to the F elementary school from the side of the E-Association.

Since the place is a three-distance intersection, a driver has a duty of care to prevent accidents by accurately operating the steering and brakes well, and driving the steering and brakes in a safe manner.

However, the Defendant, while under the influence of alcohol level 0.194%, neglected the above duty of care and neglected to turn to the left from the right-hand side of the vehicle in front of the freight driving by the Defendant, was driven by the victim G (Name, 51) under the atmosphere to turn to the right-hand side of the vehicle in front of the left-hand side of the vehicle in front of the freight driving by the Defendant.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and was driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and the Defendant suffered the victim’s salt, tension, etc., which requires medical treatment for about two weeks.

Summary of Evidence

Defendant’s legal statement

1. The previous records of the police statement of G, the statement of the situation statement, the circumstantial report (whether a dangerous driving is permitted), the notification of the results of the drinking driving control, the investigation report (the blood alcohol concentration applicable to the AFmark formula), the actual situation investigation report, the site photograph of the accident, and the internal investigation report (the confirmation of the low-speed motor vehicle black video driven by the injured party): The criminal history light inquiry report, respectively.

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