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(영문) 광주지방법원장흥지원 2020.10.15 2020고단111
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On February 28, 2020, the Defendant driven the above cargo vehicle around 19:50, while driving the D, which is located in Gangnam-gun C, Jin-gun, Jin-gun, in the direction of F from E to E.

At the time, the Hchip car driven by the victim G (ma, 54 years old) entered the right side to the intersection at the same time, so there was a duty of care to prevent accidents in advance, such as yielding the course to the right side of the road, driving on the right side, driving on the right side, driving safely, etc.

Nevertheless, the Defendant neglected this and 0.202% of blood alcohol level, so that blood color is red and rhhhying, and thus, the Defendant driven the Defendant’s vehicle at the right door of the freight vehicle due to the Defendant’s negligence while driving the vehicle while normal operation is difficult due to influence of drinking.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. Around 19:50 on February 28, 2020, the Defendant driving the Poter II as described in paragraph (1) while under the influence of alcohol leveling 0.202% from the section of about 800 meters of alcohol level on the roads set forth in JJ in Jin-gun I, Jin-gun, Jin-gun, Jin-gun, to the private road.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and application of Acts and subordinate statutes to medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020 and enforced May 5, 2020) relating to the pertinent criminal facts and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is selected

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