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(영문) 광주지방법원 2020.07.23 2020고단2662

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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. The defendant is a person who is engaged in driving a Bchip car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 20, 2020, the Defendant driven the said car under the influence of alcohol of 0.207% with a blood alcohol concentration of 0.207% on April 20, 2020, and continued to drive the said car into a d complex on the surface of the discharge room in front of the west-gun C.

At the time, night and its location were the roads bended by the coordinates, so there was a duty of care to prevent the occurrence of traffic accidents by driving a person engaged in driving of a motor vehicle with a view to the front side and safely.

Nevertheless, under the influence of alcohol, the Defendant neglected the duty of front-time driving, left the lane to the right-hand side of the running direction, and received the front part of the Defendant’s vehicle from the front part of the road, and subsequently received the fluent sium part of the house located in Gwangju-dong, Gwangju-gu, Gwangju-gu.

As a result, the Defendant driven the said franchise-free vehicle in a situation where it is difficult to drive the vehicle normally due to influence of drinking, and caused the victim E (the 18-year-old) who is the same passenger of the above vehicle to suffer injury, such as the left-hand slots that require treatment for about two weeks.

2. The Defendant, while under the influence of alcohol concentration of 0.207% at the above temporary border, driven a chip car from around about 5km to about the 5km section from the front of the cafeteria “G” restaurant located in the YF in the Jeonnam-gun to the front of the same military C, while driving the chip car.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report;

1. The circumstantial report (whether to drive any motor vehicle in danger);

1. Certificates of hospitalization;

1. Notification of the results of the drinking driving control, and the application of Acts and subordinate statutes to the drinking driving control;

1. The pertinent Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, which was amended by Act No. 16922 on February 4, 2020 and enforced May 5, 2020.