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(영문) 광주지방법원 해남지원 2020.06.11 2020고단38

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On May 31, 201, the Defendant received a summary order of KRW 2 million for the same offense in the same court, and a summary order of KRW 2 million for the same offense in the Gwangju District Court, Gwangju District Court, and on July 25, 2013, issued a summary order of KRW 2 million for the same offense.

On January 23, 2006, the prosecutor stated in the indictment the facts that the defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act (driving) in the application of the Gwangju District Court on January 23, 2006. However, the above crime was deleted since it was a previous crime on June 1, 2006.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving BMW automobiles

On December 29, 2019, the Defendant driven the said BMW car on December 21, 2019, and led to the drive of the said BMW car at a 0.192% alcohol concentration, which is under the influence of alcohol by the Defendant, the front road in the Jeonnam-do C was driven at an insular speed from the Emline to the bank of the complete police station.

At the time, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as a person engaged in driving the motor vehicle, a person who is engaged in driving the motor vehicle well sees the front door and the left door, accurately operates the steering and the steering system, and failing to drive the motor vehicle while under the influence of alcohol.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering direction and operation system in a state where normal driving is difficult due to influence of drinking, and caused the pertinent BMW car to be driven by the Defendant, which was installed near the center line of the above road, and transferred the said car to the road.

In the end, the defendant is in need of about seven weeks of medical treatment to the victim F (the age of 61) who was driving a motor vehicle under the influence of alcohol and was on board the motor vehicle.