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(영문) 광주지방법원 2020.02.19 2019고단5684
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-ro car.

The Defendant was under the influence of alcohol from around 19:00 on December 6, 2019 to 20:30 on the same day, and was in difficult to drive normally due to the influence of alcohol, such as drinking at least one disease of cattle, and at least one disease of beer.

On December 6, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.122% 0.12%, while under the influence of alcohol around 21:40 on December 6, 2019, and driven the road above the 133-1 mountain-dong 13-1 mountain-dong, Chungcheongnam-gu, Gwangju, along the direction from the direction of the E zone to the intersection of the F Zone, at an insular speed.

In front of the defendant's driving direction at the time, since motor vehicles were parked in accordance with the stop signal, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle, such as accurately operating the steering wheel, brakes and other devices of the motor vehicle, and not driving the motor vehicle in a state where normal driving is difficult due to influence of drinking or drugs, and prevent the accident in advance.

Nevertheless, due to the influence of alcohol, the Defendant was negligent in driving at the front time and failed to accurately operate the operation of the operation system at the front time of the Defendant’s vehicle, and the part behind the H K7 vehicle driven by the victim G(38 years of age) who is in the order of the Defendant’s vehicle at the front time of the Defendant’s vehicle was turned back to the front end of the Defendant’s vehicle, and due to the shock, the said HK7 vehicle was faced by the victim I(35 years of age) in the future, and the following part of the JW car driven driven by the victim K(54 years of age). The said BM vehicle was followed by the victim K(54 years of age).

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and driving it to the victim G for about two weeks, resulting in injury to cerebral wave, etc. requiring medical treatment for about two weeks, and brain-dead sugar requiring medical treatment for the victim I for about two weeks.

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