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(영문) 광주지방법원 2020.07.23 2020고단2405
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The Defendant is a person who is engaged in driving a motor vehicle BKaren II.

On April 17, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.130% 0.130% around 22:48, and led the Defendant to drive the said car according to three-lanes in front of the bus stops in the mountain water distance of 167-1 as the pen of Gwangju Dong-gu.

In such cases, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle has a duty of care to keep the front door well, maintain the safety distance, and accurately manipulate the steering and brakes so that the accident can be prevented.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (I, 30 years old) who was under the influence of alcohol and was negligent in driving on the front part of the Defendant’s vehicle.

Ultimately, the Defendant, as seen above, driven the said car in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer injury, such as the right pelle chief, which requires treatment for about eight weeks.

2. On April 17, 2020, the Defendant, while under the influence of alcohol around 22:48, operated B car II from the front of the cafeteria located in Gwangju Dong-gu F to the place where the said accident occurred, at approximately 2km.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report;

1. The circumstantial report (whether to drive any motor vehicle in danger);

1. A medical certificate;

1. Notification of the control of drinking driving;

1. Photographs of the accident site;

1. Application of CD-related Acts and subordinate statutes

1. 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, 2020 and enforced May 5, 2020) concerning criminal facts and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) for which

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