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(영문) 광주지방법원 2020.02.06 2019고단5132
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car B lowest

On November 19, 2019, the Defendant, while under the influence of the alcohol level of 0.246% on blood alcohol level on November 17:14, 2019, continued to proceed in front of the village of Jeonnam-gun C in the transferred evarith of the IC.

At this point, the center line of yellow-ray is installed, so in such a case, the driver of the motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle.

Nevertheless, under the influence of alcohol by neglecting this, the Defendant received the left-hand pent part of the victim D(the age of 66) drive, which was proceeding on the opposite vehicle, due to the negligence of the Defendant driving the central line and driving the said low-speed car.

Ultimately, the Defendant, while driving the said high-speed car in a situation where normal driving is difficult due to influence of drinking, suffered respectively injury to the victim D, such as salt ties and tensions, which requires a two-day medical treatment, and injury to the victim FF (78 years old) who was on the said rocketing car, requiring approximately two-day medical treatment, such as salt ties and tensions, and injury to the victim G (the 75 years old), for which approximately two weeks of medical treatment is required.

2. Around November 17:14, 2019, the Defendant driving a motor vehicle with approximately KRW 700 meters above from the first road located in the Y in the Y of the Jeonnam-gun under the influence of alcohol level of 0.246% at around November 17:14, 2019 to the roads in front of the said C Village.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. Inquiries about the results of crackdown on drinking driving and reports on the detection of drinking drivers;

1. A report on the circumstantial statement of the driver involved in the incident (whether or not the driver involved in the accident was injured) and the driver status of the vehicle involved in the accident;

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