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(영문) 광주지방법원 2020.12.10 2020고단4566
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 13, 2015, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Road Traffic Act (driving) in the Gwangju District Court's Support on 13 November 2015. On September 3, 2020, the Defendant was sentenced to a suspended sentence of three years for a crime of violation of the Road Traffic Act (driving) at the Gwangju District Court on September 3, 202, and the said judgment became final and conclusive on September 11, 2020.

【Criminal Facts】

1. On August 8, 2020, the Defendant was under the influence of alcohol at a level of 0.236% in blood alcohol level without obtaining a driver’s license on August 14, 2020, the Defendant driven B rocketing car over a level of about 2 km from the front of a restaurant in the trade name fluordong-dong, Chungcheongnam-gu, Gwangju to the front day of the Yongsan-gu, Gwangju.

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

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) the Defendant is a person engaging in driving cars B.

On August 8, 2020, the Defendant driven the said car under the influence of alcohol level of 0.236% on blood alcohol level around 14:13, and driven the said car along the two-lanes of the road in the direction of the shooting distance of the Office of Gwangju Northern-gu, Gwangju-dong, Gwangju-dong Office, according to Cung-dong, the two-lanes of the said road in the direction of the shooting distance of the Office of Gwangju-gu, Gwangju-do.

In this case, there was a duty of care to prevent accidents in advance by driving safely, such as making a person engaged in driving a motor vehicle abundance and left and left well, and accurately operating steering devices and brakes.

Nevertheless, the Defendant was negligent in driving a vehicle while driving the vehicle as it is under the influence of alcohol and was driven by the victim D (W, age 63) who was standing in the signal atmosphere on the one-lane of the road, and was driven by the Defendant as the front part of the steering seat of the vehicle of the Defendant.

Ultimately, the Defendant is unable to drive normally due to the influence of drinking.

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