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(영문) 광주지방법원 목포지원 2020.04.16 2019고단1628
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became 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 a motor vehicle B.

On September 17, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.101% around 08:15, while under the influence of alcohol, and led the Defendant to drive the said car at a non-speed speed along the four-lane road in front of 1719-1 Haak-ri, Young-gu, Youngnam-gu, Samnam-gun, Seoul, along the two-lanes from the west City to the west-gun.

At the time, the vehicle was stopped in the front door, and thus, the driver had a duty of care to see the front door well and to operate the steering system accurately and safely.

Nevertheless, the Defendant neglected this and neglected to stop at the front of the Defendant’s vehicle due to negligence while neglecting the influence of alcohol, and received the back portion of the D QM3 car driven by the victim C (M, 43 years old) as the front part of the Defendant vehicle.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as “influences and tensions,” which require approximately two weeks of medical treatment, to the victim.

2. On November 26, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court, and on October 28, 2016 at the same court, a summary order of KRW 4 million as a fine for the same crime.

Nevertheless, the Defendant, as in paragraph (1), driven the said Ampurged car at approximately 7.4 km section from the front of the E apartment at the time of a temporary border, to the front road of the Jeonnamamamamamam-gun, Samho-gu, Seoul, Seoul, to the front road of 1719-1 surrogate Payment, with the blood alcohol concentration of about 0.10%.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police in relation to C.

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