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(영문) 광주지방법원 2020.07.23 2020고단2089
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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 freight cars B.

On April 17, 2020, the Defendant driving the said cargo under the influence of 0.182% alcohol level without obtaining a driver's license at around 23:10, and driving the said cargo at around 0.182%, according to the third line road in front of Gwangju Mine-gu C in black distance from the black distance outflow, one lane in the direction of 9 parallel movables.

In this case, there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle, who well sees the front, rear and left well, and accurately operates the steering and brakes.

Nevertheless, the Defendant neglected this and proceeded with the Defendant’s vehicle in front of the passenger car by driving the victim D (Seoul, 39 years old) who stops in the signal signal atmosphere at the front of the road by negligence.

As above, the Defendant suffered injury to the victim, such as brain-dead, which does not have any one within two weeks of open medical treatment, due to the negligence of driving the said cargo while normal driving is difficult due to influence of drinking.

2. On January 19, 2015, the Defendant was issued a summary order of a fine of three million won by the Gwangju District Court for a crime of violating the Road Traffic Act.

On April 17, 2020, at around 23:10, the Defendant driven the above wing-line cargo vehicle with a blood alcohol concentration of 0.182%, without obtaining a driver's license, from around 2 km section in front of a mutually influent restaurant located in the Gwangju Mine-gu to around the same Gu C.

As a result, the defendant was driving without obtaining a driver's license and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

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