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(영문) 광주지방법원 2017.04.20 2017고단671
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 25, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Suwon Friju District Court on July 25, 2012, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on April 12, 2016.

[Criminal facts]

1. The Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) had been punished twice or more due to drinking driving as above, but around 01:20 on February 1, 2017, the Defendant driven Bsch Rexton car while under the influence of alcohol content of about 0.192% without obtaining a driver’s license from the front day of the fact that the regular manager of the Gwangju Bank located on February 1, 2017 on the 28th day of Gwangju Seo-gu, Seo-gu, Seo-gu, Gwangju to the end of the 4km-ro 65 minutes from the front day of the road of Gwangju Bank.

2. The Defendant is a person who is engaged in driving a car with Bsch Rexnton in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 1, 2017, the Defendant driven the said car under the influence of alcohol on February 1, 2017, and driven the said car, thereby driving the three-lanes in front of the Jeju Bank salt 65, Seo-gu, Seo-gu, Seo-gu, Gwangju, Seo-gu, with two-lanes toward the salt-based sports center located in the middle of both villages.

At night, the front door is an intersection where signal apparatus is installed, so a person engaged in driving of a motor vehicle has a duty of care to properly see the movement of signal apparatus and electric traffic vehicles, and to prevent accidents by accurately manipulating the steering direction and brake devices of the motor vehicle.

Nevertheless, the defendant neglected to drive normally due to the above influence of drinking, and found the DSS3 car which was driven by the victim C(37 tax) who was waiting in the same lane as that of the same lane by negligence, while driving it as it is difficult for the defendant to drive normally due to the above influence of drinking, and operated it late, but the vehicle of the defendant is the front part of the car of the defendant.

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