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(영문) 광주지방법원 순천지원 2020.05.20 2019고단3093
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

On April 17, 2018, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch.

1. Around 08:09 on August 7, 2019, the Defendant driven a Drocketing car without obtaining a driver’s license from two lanes in front of the C in Macheon-si, Macheon-si on the same seven occasions as indicated in the annexed crime sight table from September 25, 2019. On August 11, 2019, the Defendant driven the said car without obtaining a driver’s license in the same way as indicated in the attached Table from September 16:24, 2019. On August 19: 15, 2019, the Defendant driven the said car under the influence of alcohol concentration of about 1km to the front of the H church located in Macheon-si, without obtaining a driver’s license.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said vehicle under the influence of alcohol level of 0.247% on August 11, 2019, while driving the said vehicle at a level of 0.247%, and driving three lanes in front of the H church located in G in 10000 in the direction of the teaching distance along three lanes.

At the same time, signal lights are installed and the traffic volume of ordinary vehicles is high. In such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person or another motor vehicle, and to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, brought the part of the victim I (the 34 years old) driving the JM5 vehicle in front of the right side of the Defendant’s driving to the left side of the Defendant’s driving.

Accordingly, the Defendant is driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking.

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