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(영문) 광주지방법원 순천지원 2018.02.08 2017고단2054
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

On July 30, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch on July 30, 2012, and a summary order of KRW 5 million for the same crime in the same court on December 28, 2016.

1. On August 6, 2017, the Defendant was driving a Fran vehicle in the direction of E in the direction of E located on a road from D in the direction of E located on a road, where the alcohol concentration is 0.192% under the influence of alcohol while under the influence of alcohol by around 00:20 on August 6, 2017 without obtaining a driver’s license.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice without a driver’s license, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

2. The Defendant is a person who drives the Franchis under paragraph 1 of this Article, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

The Defendant, at the date and time, at the place under paragraph (1), driven the said car, which was parked on the two-lanes of the D in front of the two-lane in Flue City, while under the influence of alcohol 0.192% in alcohol in the blood, was driven by the Defendant and sent to the opposite side of the road.

There is a duty of care to make a left-hand turn in the opposite direction to those engaged in driving service because they are two-lane roads around the four-lane crossings.

Nevertheless, the Defendant neglected to drive in a state of being unable to drive in a normal condition due to alcohol and neglected to do so, and took part of the left-hand door of the HFD car driven by the victim G driving in a normal state in the latter side of the same direction at the first side of the same direction, and suffered injury, such as the closure of the upper frame, which requires approximately four weeks of treatment, due to the shock of the Defendant’s vehicle.

Accordingly, the defendant is driving normally due to the influence of drinking.

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