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(영문) 광주지방법원 2018.12.20 2018고단4413
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 22:25, 2018, the Defendant: (a) driven a B-low vehicle under the influence of alcohol leveling 0.166% in a section of approximately 1.4m alcohol level from the front side of the G-dong-dong-dong-dong-dong-dong to the front road of the G-gu forest elementary school located in the same Gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu.

2. The Defendant is a person engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 8, 2018, the Defendant driven the said car under the influence of alcohol as described in paragraph 1, around 22:25, and driven the two-lane road in front of the Gyeyang-gu, Gwangju Metropolitan City, along a shooting distance from the entrance of the mountain site at the Gando.

At the time, other automobiles were stopped in the front line, so there was a duty of care to prevent accidents by properly operating the brake system and safely driving it by properly examining the front line.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in operating the brakes properly and was negligent in operating the brakes at the front section of the Defendant’s car, who was a victim C(61 years old) who was under the influence of signal waiting at the front section of the same lane.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

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

1. Notice of the result of crackdown on driving alcohol;

1. A medical certificate;

1. Application of traffic accident scenes and vehicle photographs-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former Specific Crimes Act (wholly amended by Act No. 15981, Dec. 18, 2018).

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