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(영문) 광주지방법원 2019.09.05 2019고단2676

특정범죄가중처벌등에관한법률위반(위험운전치상)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

[criminal power] On January 7, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 2 million for the same crime at the same court on January 29, 2010, respectively.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B franchise;

On May 2, 2019, at around 19:10 on May 2, 2019, the Defendant driven the said franchise vehicle with a blood alcohol concentration of 0.23%, and led the Defendant to drive the said franchise vehicle along a one-lane road in front of the D store located in Gwangju Mine-gu C with a F apartment room from the E apartment room to the F apartment room.

There are many vehicles parked on the side, so in such a case, the driver of the vehicle has a duty of care to thoroughly operate the steering system and the steering system of the vehicle through thorough operation of the steering system.

Nevertheless, the Defendant neglected this and did not properly operate the steering gear and brakes under the influence of drinking, which caused the injury to the victim, such as the left-hand part of the victim G(74 years old) driving that was parked on the road, and the upper-hand part of the victim G(74 years old) driving, which was parked on the road, due to his occupational negligence and did not properly operate the steering gear and brakes in a state where normal driving is difficult due to the influence of drinking.

2. The Defendant, at the time and place specified in paragraph (1) of the Road Traffic Act, driven a franchise-free car under the influence of alcohol with a blood alcohol concentration of 0.23%.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G victim;

1. The report on traffic accidents (the actual survey report);