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(영문) 광주지방법원 2020.08.13 2020고단2406
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 January 8, 2018, the Defendant was sentenced to a fine of KRW 4 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B-learning automobiles.

On April 17, 2020, the Defendant driven the said car while under the influence of alcohol of 0.189% with blood alcohol concentration of 0.189%. On April 17, 2020, while driving the said car, and driving it into one lane among two laness, the Geong-gu Seoul Northern-dong Honam Highway (Secheon-do) 79.2km, and changed the lane into two lanes.

At the time, it is night, and its location is an expressway, and in such cases, when it is likely that a person engaged in driving of a motor vehicle may well live on the front side and the right and the right of the motor vehicle and impede the normal traffic of other motor vehicles running in the direction of changing the lane, the course shall not be changed, and in advance, there was a duty of care to operate a direction direction, etc. in advance in order to give notice of change of course and to prevent accidents by changing the lane safely and safely in the manner

Nevertheless, as seen above, the Defendant was negligent in driving the said vehicle while it is difficult to drive the vehicle in a normal condition due to the negligence of changing the lane and driving it along the two-lanes in the same direction by the victim C (the age of 35) who was driving the vehicle, followed the driver’s seat in the driver’s seat and the part of the driver’s seat in front of the chief wheeler of Defendant’s vehicle.

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

2. On April 17, 2020, the Defendant violated the Road Traffic Act ( sound driving) at approximately KRW 7 km from a non-child of the Gwangju Mine-gu to a point 79.2.km away from Gwangju Mine-gu to a point 79.2.km, while under the influence of alcohol at around 0.189% of blood alcohol content.

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