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(영문) 광주지방법원 2019.01.22 2018고단4621
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person engaging in driving a car BM520.

1. On September 20, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car while under the influence of alcohol level of 0.243% around September 20, 2018, and led to a speed of approximately 30 to 40 km per hour from the 5-lane of speed in the direction of Gwangju Airport, which is located in the regular course of Gwangju Mine-gu.

At the same time, there are vehicles standing in order to ensure the traffic signal atmosphere at the intersection, so there was a duty of care to prevent the occurrence of accidents, if there are vehicles standing in order to ensure the traffic signal atmosphere by thoroughly operating the vehicle while under the influence of alcohol and accurately manipulating the steering direction and brake devices of the vehicle, etc.

Nevertheless, the Defendant neglected this and failed to discover the E-ex motor vehicle driven by the victim D (the age of 47) who stops for a signal atmosphere due to negligence in neglecting the duty of the front time due to the foregoing negligence, and thereby received the part behind the left-hand part of the X-ex motor vehicle operated by the Defendant as the front-hand part of the vehicle driven by the Defendant.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim F (the age of 46) who was on board the victim D and X-F car, respectively, for about two weeks of medical treatment.

2. On September 20, 2018, the Defendant: (a) driven a vehicle under the influence of alcohol with a blood alcohol concentration of 0.243% from the 1km section from which the name of the wife of the insolvency station located in the Gwangju Mine cannot be known to the date and place specified in paragraph (1) from around September 20, 2018 to the date and place specified in paragraph (1).

Summary of Evidence

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