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(영문) 광주지방법원 2017.01.19 2016고단5309
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 20, 2010, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act by the same court on January 20, 2015.

1. The Defendant is a person who is engaged in driving a XG car since the franchise B New Daily is working.

On November 4, 2016, the Defendant operated the said car at the Young-gu Gyeongsung-gun, Youngcheon-do, the Namsung-gun around 00:35, and proceeded to the intersection of the half-gu bridge from the direction of the Gun administration.

At the time, it was at night, and there was a first straight line, so there was a duty of care to prevent accidents in advance by accurately manipulating the front, rear, left, and well for those engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear while under the influence of alcohol 0.220% in blood, and received the street lamps installed near the right side of the above road as part of the Defendant’s driving.

As a result, the Defendant was injured by the victim C (at 49 years old) who was on the back seat of the passenger vehicle in a state where it is difficult for the Defendant to drive the vehicle normally while under the influence of alcohol and was on board the back seat of the passenger vehicle for the Defendant’s driving.

2. Defendant 1 driven a vehicle as stated in paragraph (1) under the influence of alcohol level of approximately 0.220% from the section of approximately 1k to the place indicated in paragraph (1) of the Road Traffic Act from the front of the frequency of the Cheonghae-gun, Sungsung-gun, Young-gun, Young-do before the day specified in paragraph (1) above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A medical certificate;

1. A report on the detection of a primary driver;

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