beta
(영문) 광주지방법원 2019.02.14 2018고단4924

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:20 on October 19, 2018, the Defendant was driving a DNA rocketing car under the influence of alcohol leveling 0.160% without obtaining a driver’s license for a vehicle driving license for approximately 6km section from the later door of C University located in Gwangju Northern-gu, to the 78km west-gu road located in the same Gu and west-dong from the later side of the C University located in the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Drocketing Driving) is a person engaging in driving a Drocketing car.

On October 19, 2018, the Defendant driven the above car on October 10, 2018, and led to the flow of the road near the 78 km at the west-dong of Gwangjubuk-gu to the middle-west parks from the west-gu.

Since there was a vehicle driving in the opposite direction, there was a duty of care to operate safely by accurately operating the steering and steering system for those engaged in driving service.

Nevertheless, the Defendant was negligent in driving on an expressway due to the negligence of driving the expressway while under the influence of alcohol, and was able to drive the expressway on the part of the victim E (the age of 46) who was entering the expressway on the side of the middle park, and the front priority of the cargo vehicle was able to receive the part of the Defendant’s vehicle in front of the chief wheeler of the passenger vehicle.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally, and suffered injury to the victim G (51 years old) who was on the wing and cargo vehicle with approximately two weeks of light tensions, tensions, etc. in need of medical treatment, and suffered injury to the victim G (51 years old) who was on the wing and cargo vehicle for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Each report on actual condition;

1. Statement on the circumstances of the driver involved in driving and report on whether he/she will drive any danger;

1. Control of drinking driving;