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(영문) 광주지방법원 2020.05.14 2019고단5632
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. The Defendant is a person who drives a vehicle B i30 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On November 30, 2019, at around 00:45, the Defendant driven the said car with a blood alcohol concentration of 0.113% 0.13%, while driving the said car, and driving the two-lane road adjacent to Ddo C in the city of Briju along a three-lane distance from the E University bank.

Since there is a center line of yellow-ray, in such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should thoroughly operate the motor vehicle in front and safely.

Nevertheless, due to the negligence of the Defendant’s negligence of neglecting this and driving in the center line while under the influence of alcohol, the Defendant received the front part of the victim FF (25 years old) driving in the opposite lane as the front part of the said car.

Ultimately, the Defendant driven the said car in a situation where it is difficult to drive the car normally due to the influence of drinking, and caused the victim FF to suffer injuries such as knee and knee, and other injuries such as salt knee and tension in the detailed part of the unknown part, and the victim H (V, 22 years old) who was accompanied by the said car on the said spath-land car to receive approximately two weeks of medical treatment.

2. Around 00:45 on November 30, 2019, the Defendant driven the said i30 vehicle from the front of the “J” restaurant located in G in the Jeonnam-si, Jeonnam-si to the road adjacent to the said D, while under the influence of alcohol by 0.113% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report;

1. The circumstantial report (whether to drive any motor vehicle in danger);

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed on February 4, 2020 for each of the pertinent provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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