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(영문) 광주지방법원 2019.03.26 2018고단5110
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 26, 2011 and August 29, 2015, the Defendant received a summary order of KRW 1 million and a fine of KRW 2 million from the Gwangju District Court for each of the crimes 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 the person driving a B K7 car

On October 27, 2018, the Defendant driving the said vehicle under the influence of alcohol of 0.130% without obtaining a license for driving on October 27, 2018, while driving the said vehicle under the influence of alcohol of 0.130%, and driving the two-lanes from the direction of the Marambrost distance to the East Zone.

At the time, it is an intersection where a signal is installed at night and at this time, so in such cases, a person engaged in driving a motor vehicle has a duty of care to live well in the front left, while driving the motor vehicle safely in accordance with the signals.

Nevertheless, the Defendant, under the influence of alcohol, rhythm, rhym, stalthm, and the body is red, and the Defendant’s failure to drive normally due to influence of drinking, led to damage to the victim E (the age 21) who crosses the right side from the left side of the running direction of the Defendant’s vehicle to the front part of the vehicle in front of the foregoing vehicle, and suffered damage to the victim for approximately 12 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) at the same time, place, and without obtaining a driver’s license, driven the said vehicle at a section of approximately 150 meters from the front of the F apartment in Gwangju Northern-gu to the H stations located in G, while under the influence of alcohol 0.130% in blood alcohol concentration without obtaining a driver’s license.

As a result, the defendant violates Article 44 (1) of the Road Traffic Act at least twice and drives a motor vehicle under the influence of alcohol in violation of paragraph (1) of the same Article.

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