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(영문) 광주지방법원 순천지원 2021.03.18 2020고단911

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 12, 2020, the Defendant, while under the influence of the alcohol level of 0.069% from blood transfusion around 19:35 on January 12, 202, driven a ballon with Bgallon, and driven a one-lane road adjacent to “D gas station” located in Gwangju at Gyangyang-si, along the direction from the new distance to the margin.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, under the influence of alcohol, the Defendant neglected this and got the front portion of the freight vehicle in front of the said passenger vehicle, while driving the victim E (Seoul, 50 years old) driving with the opposite lane due to the negligence of the central line.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the victim's injury such as the left-hand part of the 14 week medical treatment, and the structural frame of the subsequent wall.

2. On January 12, 2020, the Defendant, in violation of the Road Traffic Act, driven a driver’s vehicle with a gallon in the state of alcohol level of about 500 meters from the front distance of convenience points in G at lightyang-si to the place indicated in the above 1.35, while under the influence of alcohol level of about 0.069% from around 50 meters to the place indicated in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual survey report and photographs of traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to a written inquiry of the results of regulating drinking driving;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 202), Articles 148-2 (3) 3 and 44-2 (1) of the Road Traffic Act, and the choice of imprisonment, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;