beta
(영문) 광주지방법원 2020.01.23 2019고단4907

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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. On September 28, 2019, the Defendant was under the influence of 0.130% of blood alcohol concentration in C elementary school located in Seo-gu, Seo-gu, Gwangju on September 28, 2019, while driving Ding MKX car and driving it to C elementary school on the side of the Geumho District.

At the time, night turn and there are no signals, so in such a case, there was a duty of care to operate the brakes by properly manipulating the brakes through a thorough operation and temporary stop for a person engaged in driving a motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant was able to drive the victim G (the age of 34) driving directly from the direction of the F apartment to the F apartment on the part of the left-hand part of the Defendant’s car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as the blood transfusion, the dystyposis, the dysposis, etc., which requires about 10 weeks medical treatment, to the victim.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, driving the said vehicle while under the influence of alcohol leveling 0.130% of alcohol level from the front day of the drinking alley in Seo-gu, Seo-gu, Seo-gu, Gwangju to the shooting distance from C elementary school located in B.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. A traffic accident report;

1. Statement report on the circumstances of the driver involved in driving, report on internal investigation (report on the circumstances of the driver involved in driving), investigation report - Violation of the Special Act on the Aggravated Punishment (Bodily Injury resulting from Dangerous Driving);

1. Request for appraisal, and inquiry about the result of crackdown on drinking driving (No. 18 of the evidence list);

1. A medical certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the results of a CCTV CD reproduction viewing;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.