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(영문) 광주지방법원 2020.12.24 2020고단5178
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

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 M& car

On September 17, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.171% around 01:01, and led the Defendant to drive the said car along a two-lane road near the traffic and child park in the 877 North-gu, Gwangju, along with a one-lane distance near the traffic and child park in the front side of the traffic and child park in the middle side of the port of exit.

At the time, it is a night, and in such a case, there was a duty of care to operate the brakes by properly manipulating the brakes by properly stopping the operation and temporary stop to the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence and failure to operate the brake system properly, and was under the influence of the Defendant’s driving of the victim C (Nam, 59 years old) who was in the atmosphere at the front of the Defendant’s car.

After all, the Defendant, while driving the said marina car in a situation where normal driving is difficult due to influence of drinking, suffered from the injury of the victim E (Nam, 18 years old), the victim F (Nam, 19 years old), and the victim F (Age 19) in need of treatment for about two weeks.

2. On March 2, 2017, the Defendant was issued a summary order of KRW 3 million by the Seoul Southern District Court for the crime of violating the Road Traffic Act.

The Defendant driven a Maz car in the state of alcohol concentration of approximately 0.171%, while under the influence of alcohol, from the front of H in Gwangju Northern-gu, to the traffic children's park located in 8777, along with the same Gu.

Accordingly, the defendant is under the influence of alcohol in violation of the prohibition of drinking driving more than twice.

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