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(영문) 광주지방법원 2020.02.05 2019고단4624
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2015, the Defendant issued, at the Gwangju District Court, a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act, and at the same court on November 23, 2017, a summary order of KRW 5 million for a crime of violation of the Road Traffic Act, respectively.

1. Around 04:10 on October 18, 2019, the Defendant driven a Epote vehicle under the influence of alcohol content of about 0.157% from the section of approximately 1.5 km from the front road located in Gwangju Mine-gu, Gwangju to the front road of the same Gu D building.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving motor vehicles Epote.

On October 18, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.157% 0.10% around 04:10 on October 18, 2019, thereby driving the said car into Fschool from the distance of new districts.

At night at the time, the victim G (the age of 38) was driving on the front side of the defendant, so there was a duty of care to maintain the distance with the vehicle in front and safely to prevent traffic accidents by driving the vehicle in front.

Nevertheless, under the influence of alcohol, the Defendant did not immediately find out the car at the speed to reduce the speed before the speed limit due to negligence of neglecting the front speed of the car at the front of the speed limit and did not avoid it, and received the part of the car at the front of the said car at the speed limit.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the Defendant’s base and tension, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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