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(영문) 광주지방법원 2019.08.22 2019고단2266
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 21, 2005 and April 3, 2006, the Defendant received a summary order of 1.5 million won from the Gwangju District Court for each of the crimes of violation of the Road Traffic Act, etc. On August 29, 2007, the same court was sentenced to a suspended sentence of 4 months for each of the crimes of violation of the Road Traffic Act (unlicensed Driving). On December 21, 2007, the same court was sentenced to a suspended sentence of 2 million won for the same crime. On February 4, 2013, the same court was sentenced to a fine of 2 million won for the same crime, and on September 20, 2018, the same court was sentenced to a suspended sentence of 2 years for September 28, 2018, which became final and conclusive in September 28, 2018.

【Criminal Facts】

1. On May 31, 2019, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) on two or more occasions, but was under the influence of alcohol with a blood alcohol concentration of 0.130% without a vehicle driver’s license, and driving a DSS520 vehicle in front of the “C” road located in Gwangju Mine-gu B.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DSS520) is a person engaging in driving a car.

On May 31, 2019, the Defendant, while under the influence of alcohol on May 22, 2019 and blood alcohol concentration of 0.130%, driven the said car, and led the Defendant to drive the said car to drive the road in front of the “C” located in Gwangju Mine-gu B from the “E” to the mountain direction.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and has a duty of care to properly report road conditions and the right and the right and the right of the road.

Nevertheless, the Defendant neglected such duty of care and neglected to drive the said vehicle under the influence of alcohol as above, and due to the negligence of bypassing the said vehicle at a full time due to the influence of alcohol, the victim F. 34 years old.

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