beta
(영문) 광주지방법원순천지원 2020.10.28 2020고단942

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, 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

[criminal power] On April 15, 2014, the Defendant issued, respectively, a summary order of KRW 4 million at the same court as a crime of violation of the Road Traffic Act, in the Gwangju District Court’s net support on April 15, 2014, and a fine of KRW 4 million at the same court.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car.

On March 27, 2020, the Defendant driven the said car while under the influence of alcohol 0.182% of alcohol level around 03:30 on March 27, 2020, and proceeded with the two-lane road in front of Goung-gun, Goung-gun, Goung-gun, Seoul toward the direction of the winding side on the side of Goung-Eup.

At night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear, brakes, and other devices of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant shocked the central separation zone installed in the place by negligence while driving a stroke in front of the driver’s seat of the Defendant.

As a result, the Defendant was injured by the victim D (the 33 years of age) who is the same passenger of the Defendant’s vehicle by driving the said vehicle in a situation where normal operation is difficult due to influence of drinking, and suffered from the injury, such as the 1 cage cage cage fage, which requires approximately 4 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.182% from the 1km section from the front of the “F liquor” road located in Gosong-gun E, Gosong-gun, Gosong-gun, Seoul to the front of the “F liquor” road in the same manner as described in paragraph (1) of this Article.

Accordingly, the defendant, who violated the prohibition of drinking driving at least once, was driving a motor vehicle in a drunken state.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition survey report;

1. Evidence and photographs of the traffic accident scene;

1. The circumstantial statement of the employee will be made; and