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(영문) 광주지방법원 2021.01.21 2020고단4843
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 18, 2015, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Gwangju District Court on May 18, 2015.

On July 31, 2020, the Defendant driven a vehicle with D in the section of about 3 km from the front of the restaurant located in Gwangju Northern-gu B to the front road of 80.8km in the same Dong dong-dong, while under the influence of alcohol content of 0.105% among blood transfusion around 00:40, the Defendant driven a vehicle with D in the section of about 3km from the front of the restaurant located in the same Gu dong-dong.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. The Defendant is a person who is engaged in driving a body car with D in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 31, 2020, the Defendant driven the above vehicle while under the influence of 0.105% alcohol during blood alcohol during the influence of around 00:40, and driven the two-lane roads in front of the point of 80.8km (net direction) of the Honam Highway located in the Donggdong-dong in Gwangju-gu, Gwangju, along the same lane from the IC bank in mountain-based.

In this case, a person engaged in driving of a motor vehicle shall not operate a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to thoroughly operate the motor vehicle on the front side and to safely operate the motor vehicle in compliance with the vehicle line.

In such a situation, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s negligence to avoid the crackdown on drinking while under the influence of alcohol, and was under the influence of the victim E(60) driving in normal driving. The Defendant was under the influence of the front part of the Defendant’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant, while driving the said vehicle under the influence of alcohol that is difficult to drive normally, has the victim E receive the injury of salt, tensions, etc. in need of a medical treatment for about 3 weeks, and the victim G (V, 40 years old) boarding the damaged vehicle to leave the left-hand side in need of medical treatment for about 14 weeks.

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