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(영문) 광주지방법원 목포지원 2020.04.17 2019고단1399
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On June 8, 2002, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Gwangju District Court's application for the crime of violation of the Road Traffic Act, and on January 13, 2016, the same court issued a summary order of a fine of one million won for the same crime, and on December 7, 2018 at the same court, the Defendant was sentenced to two years of suspension of execution for six months of imprisonment for the same crime, and on December 15, 2018, for which the said judgment became final and conclusive on December 15, 2018.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving service B124cc.

On November 3, 2019, at around 13:10 on November 3, 2019, the Defendant driven the above Oralb while under the influence of alcohol of 0.314%, and proceeded at a speed of about 40km in speed from D to D, in the speed of about 40km.

In such a case, the driver of a motor vehicle has a duty of care to prevent accidents in advance, such as making a person who is engaged in driving the motor vehicle to live well, accurately manipulating the steering gear, brakes, etc., and to prevent accidents in advance.

Nevertheless, the defendant driving the above Oral Ba in a situation where normal driving is difficult due to the influence of drinking, and received the back part of the Oral Baba in the operation of the victim E (the age of 75) from the front part of the operation of the defendant, and caused the above victim to suffer from an injury of blood transfusion due to the shock that requires approximately 12 weeks medical treatment.

2. The Defendant violates the Road Traffic Act (driving) and the Road Traffic Act (Free Driver) without obtaining a motorcycle driver’s license for temporary driving as referred to in the preceding paragraph, and refers to the “Dricker” located in G from the front day of the Hamnan-gun in the state of alcohol concentration of 0.314% under the influence of alcohol at the same time.

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