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(영문) 광주지방법원 해남지원 2019.10.31 2019고단313
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

[Criminal Power] On July 15, 2016, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the Gwangju metropolitan District Court's support for the Maritime Court.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving motor vehicles B;

On August 2, 2019, around 15:18, the Defendant got to proceed from the side of the D market the road of Hadonam-do to the direction of this paragraph.

A person engaged in driving motor vehicles has a duty of care to accurately operate the steering gear and brakes and to safely drive the motor vehicle so as to prevent accidents by safely operating the motor vehicle with a duty of care.

Nevertheless, the Defendant neglected to drive the said car while under the influence of alcohol and was negligent in not operating the steering gear accurately, and received the victim E (the age of 39) who was boarding and driving the electric kick kickboard from the front part of the said car.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury to the victim, such as dump, tension, etc. of the boom for about two weeks of medical treatment.

2. On August 2, 2019, at around 15:30 on August 2, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement) and voluntarily carried out a alcohol test using a drinking-free appliance from H and police officers assigned to the Dondo Police Station G police box who was called out after having received 112 reports that the occurrence of the said traffic accident occurred, to the police officers assigned to H and police officers assigned to the Dondo Police Station G police box in J of the Dondo Police Station in J of the

The Defendant, at around 16:02 on August 2, 2019, under the influence of alcohol, conducted the measurement of alcohol by inserting approximately 15 minutes into a drinking measuring instrument three times between 15 minutes and 15 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling from the Inspector H and Police Officer I, sniffing the Defendant, and sniffing him on his face.

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