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(영문) 광주지방법원 2021.03.04 2020고단6112
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. The Defendant is a person who is engaged in driving a driver car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 3, 2020, the Defendant, while under the influence of alcohol leveling 0.192% of the blood alcohol level from around 20:20, the Defendant proceeded along the front side of D on the road in the Southern-gun C, with one lane in the direction of Sungsung-Eup.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to take into account the traffic situation of the motor vehicle well, to accurately operate the steering and brake system and to prevent accidents in advance by safely operating it.

Nevertheless, the Defendant, as seen above, was negligent in driving the road on the left side of the victim E (Woo, 43 tax) who walked along the road due to the negligence of driving the road on the right side without showing the right side and the right side while it is difficult for the Defendant to drive the road normally due to the influence of drinking, and received the left side and the part of the arms as the front side of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On February 24, 201, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act by the Gwangju District Court on February 24, 201.

On October 3, 2020, the Defendant driven B C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

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

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order;

1. Relevant provisions of the Act concerning facts constituting an offense;

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