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(영문) 광주지방법원 2020.12.24 2020고단5135
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 engaged in driving automobiles B;

On August 31, 2020, the Defendant driven a motor vehicle with B in the state of drinking alcohol concentration of 0.226% at the intersection of 2 ero-dong 2-dong administrative welfare center prior to the Chang Sea-si, Changwon-si, which is 49, and drinking at the surface of the Gu and drinking in the mouth, while driving a motor vehicle with B in the state of drinking and drinking in the face of the Gu and drinking in the direction of the border, and driving the motor vehicle to turn to the left from the right edge of the national road on the side of the original housing site for common use.

Since there is no signal signal, traffic control is not performed, in such a case, there was a duty of care to drive a motor vehicle by checking whether there is another motor vehicle to drive a motor vehicle directly or bypass through the intersection by reducing the speed or temporarily stopping the motor vehicle to a person engaged in driving.

Nevertheless, the Defendant neglected this and failed to properly operate the brake system, such as reducing speed under the influence of alcohol, and received the front part of the victim C (Nam, 25 years old) driving DK3 vehicle in the opposite part, which was driven by the Defendant, with the front part of the vehicle driven by the Defendant.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, thereby resulting in knee-free kneeing to the victim who needs to be treated for about two weeks.

2. On August 11, 2015, the Defendant was issued a summary order of KRW 5 million by the Busan District Court as a crime of violating the Road Traffic Act.

On August 31, 2020, at around 01:15, the Defendant driven a B-hand car with a blood alcohol concentration of about 0.226% in the section of about 2 km from the front road located in Jinhae-gu, Changwon-si E to the place where the traffic accident under the above paragraph (1) occurred.

In this regard, the defendant is 2 times Article 44 (1) of the Road Traffic Act.

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