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(영문) 광주지방법원목포지원 2020.12.08 2020고단1028
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On April 26, 2019, the Defendant was issued a summary order of a fine of four million won as a crime of violating the Road Traffic Act (driving in Drinking) in the application of the Gwangju District Court.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a B car;

At around 17:30 on July 5, 2020, the Defendant driven the said car while under the influence of alcohol with 0.106% of blood alcohol concentration, and driven the road in front of the Hopolyping Cirur in the direction of the death distance.

At the time of their three-lane roads, there was a vehicle driven along the front side of the defendant's moving direction, so in such a case, a person engaged in driving service has a duty of care to prevent accidents by thoroughly driving the front-time in order to prevent drilling when the preceding vehicle stops.

Nevertheless, the Defendant was negligent in failing to perform his/her duty at the front time due to influence of drinking so that he/she was unable to drive normally, and was able to take part in the Enibus drive E of the victim D (Seoul, 39 years old) driving vehicle as the fronter part of the Defendant’s vehicle, and suffered from the injury of the victim, such as “insult salt and tension,” which requires approximately two weeks medical treatment for the said victim.

2. The Defendant violated the Road Traffic Act (driving) driving a B car at approximately 1.3 km section from the Gststro to the Gstro’s road located in F in Mapopo City F from the Gstro to the Gstro’s road, while under the influence of alcohol 0.106% of the blood alcohol concentration in the temporary border under paragraph (1) of this Article.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report, on-site map, actual condition survey report, and on-site photograph;

1. A report on the actual state of the driver;

1. Certificates of diagnosis (D) 1.

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