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(영문) 광주지방법원 2020.01.16 2019고단5056
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On March 21, 2019, the Defendant was sentenced to a suspended sentence of two years on March 29, 2019 by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act in the Gwangju District Court.

【Criminal Facts】

1. On October 12, 2019, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving license at around 11:18, the Defendant driven the Esch Rexroth in the section of about 600 meters from the front of C in the Gwangju Mine-gu, while under the influence of alcohol at least 0.240% of alcohol concentration, from around 600 meters to the front of D.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice and simultaneously drives a motor vehicle without obtaining a driver's license.

2. The Defendant is a person who is engaged in driving business of Ek Star Corex Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On October 11:18, 2019, the Defendant driven the above combination of vehicles while under the influence of alcohol with 0.240% of blood alcohol concentration, and led to the driving of the above combination of vehicles in front of Gwangju Mine-gu D in the direction of Docheon-dong at about 50km in speed, depending on three lanes from the direction of Docheon-dong in the direction of Docheon-dong.

A person engaged in driving motor vehicles has a duty of care to prevent accidents in advance by driving motor vehicles safely, such as checking the driving of other motor vehicles on the front side of the road, and accurately operating the steering and brakes.

Nevertheless, the Defendant did not see G Oba, which was driven by the Victim F (Age 48) who was driven in the same direction as seen above due to negligence of neglecting the front line of view under the influence of alcohol, and continued to run as it is, and received the above Obaba in the front line of the said oba.

Ultimately, the defendant driving the above van while it is difficult to drive it normally due to influence of drinking, and treat the victim for about 8 weeks.

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