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(영문) 광주지방법원 2020.11.05 2020고단4418

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 11, 2007, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Road Traffic Act at the Gwangju District Court, and on January 29, 2015 at the same court, the Defendant was sentenced to one year of suspended sentence for six months.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driven by the Defendant on August 16, 2020, at around 01:03, while under the influence of alcohol 0.245%, the Defendant driven the B-wing and C Cargo Vehicles with a blood alcohol concentration of 0.245%, and the front of the D-Road in the Naju City was driven by one lane from the direction of the zero instructor distance to the E-section.

Since there is a road where the center line of yellow-ray is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front line and to keep the upper line from the center of the road to pass the right side.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while driving under the influence of normal operation, and caused the Defendant’s injury, such as salt, tension, etc., to undergo approximately two weeks of treatment on the left side of the Defendant’s vehicle following the G rocketing drive of the Victim F (V, South, 23 years old) drive in the opposite part, following the left side of the Defendant’s vehicle.

2. Around 01:03 on August 16, 2020, the Defendant driving a vehicle B in the 4km section from around 4km to D in the front road in the same city as the blood alcohol concentration of 0.245%, while under the influence of alcohol on August 16, 2020.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. A medical certificate;

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of three copies of judgment;

1. Relevant Articles of the Act concerning the facts constituting the crime;