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(영문) 광주지방법원목포지원 2020.09.22 2020고단318
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:04 on September 8, 2019, the Defendant driven a motor vehicle with Down alcohol level of about 0.110% under the influence of alcohol at a section of approximately 6.3 km from the Do in front of Sinpo City B to the front of Yongnam-gun C.

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

On September 8, 2019, the Defendant, at around 06:04, driven a motor vehicle with the highest alcohol concentration of 0.110% under the influence of alcohol, as described in paragraph (1), driven the motor vehicle in front of Yong-gun, Young-gun, Yongnam, and proceeded along two-lanes from a wooden bank to a Samho-ho Eup bank.

Since there is a road with a restricted speed of 80 km per hour, the driver has a duty of care to observe the restricted speed, to live well on the right and the right, and to drive safely.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 86 km per hour, and was negligent in changing the front direction from the two-lane to the one-lane, thereby changing the course from the two-lane to the one-lane, and received the back part of the victim E (the 55-year-old driver’s vehicle driving) from the two-lane to the one-lane.

Ultimately, the Defendant, while driving the said high-speed vehicle in a situation where it is difficult to drive the vehicle normally due to influence of drinking, suffered bodily injury such as salt, tension, etc. in the light of the trend that requires approximately 3 weeks of medical treatment to the injured party E, and injury to the injured party G (hereinafter 21 years of age) who was on the said high-speed vehicle, such as the close string strings, in need of medical treatment for about 10 weeks, and injury to the injured party H (hereinafter 20 years of age) who was on the said high-speed vehicle, such as salt, tension, etc. in need of medical treatment for about 3 weeks, and suffered injury to the injured party I (Nam and 29 years of age) who was on the said high-speed vehicle, such as salt and tension.

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