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(영문) 전주지방법원 남원지원 2019.10.29 2019고단148

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On June 26, 2008, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Southern District Court of the Jeonju on the grounds of the violation of the Road Traffic Act.

【Criminal Facts】

1. Around 18:05 on June 26, 2019, the Defendant driven a spke vehicle under the influence of alcohol level of 0.148% at the section of about 10km from the south city to the intersection in front of the station located in the Namwon-si, Namwon-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a E SP car;

On June 26, 2019, at around 18:05, the Defendant driven the said car while under the influence of alcohol of 0.148%, and led the Defendant to drive the said car in the direction of her direction at the south of the intersection in front of the oil station in the Namwon-si C.

At this point, since the signal was installed and operated, there was a duty of care to safely drive the vehicle to the person engaged in driving service with the signal.

Nevertheless, the Defendant, while under the influence of alcohol, failed to violate and proceed with the signal while the former is red, led the victim G (Seoul and 50 years of age) who entered the left and left the left in the direction of southwon in accordance with the new signals in the direction of southwon, brought a shock of the front part of the vehicle, and continued to attack the front part of the vehicle in front of the J-T-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

As a result, the Defendant suffered multiple scambling cases where it is difficult to drive the Defendant normally due to the influence of drinking, by negligence in the course of business as above, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. A medical certificate;

1. On-site photographs, accompanying CDs;

1. Judgment.