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(영문) 광주지방법원 2021.03.18 2020고단6098
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaged in driving B K9 automobiles.

On October 15, 2020, the Defendant, while under the influence of alcohol of 0.148% in blood, proceeded along one lane among two-lane roads of Honam Highway 39km points (net banksides) in the 39km side in the south Gero-Gun in the previous erogtic area, while under the influence of alcohol of 0.15:24% in alcohol.

At the same time, there have been many other vehicles running at a rapid speed as an expressway, so a person engaged in driving service has a duty of care to thoroughly see the front side and the left side side and to change the direction in advance when changing the direction, etc., so as not to impede the normal passage of other vehicles running on the front and rear side by accurately operating the operation of the operation of the brake and steering system and to safely change the lane so as not to impede the normal passage of other vehicles.

Nevertheless, the Defendant neglected this and neglected to drive a motor vehicle while driving the motor vehicle in a state where it is difficult to drive the motor vehicle under normal conditions to the extent that he/she is unable to recognize the driving of the motor vehicle due to the motor vehicle that he/she intends to change the snow with a shock, and the motor vehicle is driven by the motor vehicle on the right side of the motor vehicle that the Defendant drives on the left side of the motor vehicle operated by the victim C ( South, 65 years old) prior to the two-lane on the same side.

As a result, the Defendant suffered the injury of the victim C and the victim victim E (V, 64 years old) by occupational negligence, respectively, in the light of the climatic trend, tension, etc., which requires approximately two weeks of medical treatment.

2. The Defendant on the violation of the Road Traffic Act (drinking driving) shall be the vehicle described in paragraph 1 while under the influence of alcohol with approximately 0.148% alcohol concentration in blood from the Seo-gu, Seo-gu, Gwangju to the place of the said accident from around 60km on the day stated in the above paragraph 1.

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