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(영문) 광주지방법원 2020.08.13 2020고단2394
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. On April 10, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) made a left turn to the right of the D village from the north of the waterside while driving the C Costaex car in front of the Southern-gun B, 2020.

At the same time, the road where the traffic control is not carried out, and on the side where the defendant tried to enter the left-hand turn, the F-learning car of the victim E (the 50-year-old driver) was waiting to turn to the left-hand turn from the D village room, so in such a case, the driver of the vehicle should not drive the vehicle while under the influence of alcohol, and there was a duty of care to drive the vehicle safely by examining the traffic situation in the front bank.

Nevertheless, the Defendant was negligent in driving a motor vehicle under the influence of alcohol concentration of 0.164% while driving a motor vehicle while making it difficult for the Defendant to drive the motor vehicle due to his/her negligence without properly examining the front section of the motor vehicle while driving the motor vehicle. As the front section of the damaged motor vehicle was shocked by the Defendant’s front section of the damaged motor vehicle, the Defendant suffered injury to the victim, such as salt, tensions, etc. of the necessary 2 weeks of treatment.

2. On January 22, 2007, the Defendant was issued a summary order of a fine of one million won at the Gwangju District Court for the crime of violating the Road Traffic Act.

The Defendant, while under the influence of alcohol level of 0.164%, driven the Lone Star under paragraph (1) while under the influence of alcohol level of 0.164% from the due date and time of the entry in paragraph (1) and from the address in the north of the Nanyang-gun, Nanyang-gun (hereinafter referred to as the “Nanyang-gun”).

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. A report on the occurrence of a traffic accident (1 report) and a report on a traffic accident (2) on actual condition;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. A medical certificate;

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