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(영문) 광주지방법원 2019.11.28 2019고단3572

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for one year.

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

1. Around September 20, 2019, the Defendant was under the influence of alcohol of 0.213% from blood alcohol farming 0.53%, the Defendant driven Cstoke car at approximately 2km from the road located in the Gerodong in the Gwangju Mine-gu to the front of the entrance distance at the same Gu’s entrance.

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

The Defendant, while under the influence of alcohol concentration of 0.213% in the time limit set forth in paragraph (1), driven the said car, and led the three-lane road at the entrance distance of Gwangju Mine-gu to proceed along the three-lane road from the black ting distance outflow to the ICside in the mine.

At the time, since other automobiles were stopped on the front side of the driver's car, there was a duty of care to look at the front side in the driver's vehicle well and to prevent the accident by properly manipulating the operation system.

Nevertheless, as above, the Defendant did not discover the victim D(24 years old) driving cars, which was waiting to turn to the left at the front section of the Defendant’s driver’s car due to the negligence of neglecting the front line of the vehicle under the influence of alcohol, and proceeded without finding the victim’s frighting car, and received the front part of the said frighting car as the front part of the frighting car.

As a result, the Defendant driven the said sloping car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt, tension, etc. in need of approximately three weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition of each traffic accident;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes (Evidence No. 26)

1. Article 148-2 (3) 1 of the Road Traffic Act and Articles 148-2 (3) 1 and 44 of the same Act concerning the applicable criminal facts and the choice of punishment;