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(영문) 전주지방법원 군산지원 2020.02.19 2019고단1612

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was engaged in driving of Bone Star Car. On November 3, 2019, at around 17:55, the Defendant: (a) driven the said vehicle while under the influence of alcohol, such as driving the said vehicle while driving the vehicle on the south-west side of E University, and driving it in order to park in order to keep the vehicle in front of D’D cafeteria, which is in an inaccurate manner, with heavy walking conditions; (b) it is impossible for the Defendant to walk in front of D’s cafeteria; and (c) it was impossible for the Defendant to walk in front of D’s cafeteria; and (d) it was difficult for the Defendant to walk in front of

In such cases, a driver has a duty of care to prevent accidents in advance by thoroughly operating another vehicle or any other person, and operating a steering boat and brake in a safe manner by accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under normal operation in the same lane as that of the victim F(60 years of age) while neglecting this, and received the front part of the bareboat Track in the front part of the freight vehicle as the back part of the Defendant’s driving car.

As a result, the Defendant suffered injury, such as elbows, etc., in a situation where normal driving is difficult due to the influence of drinking, due to the above occupational negligence, which requires approximately three weeks medical treatment.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) is not measured even when the Defendant was required to respond to a drinking test by inserting an accident under paragraph (1) in a manner of putting the breath in a breath of the former North Korea Police Station H District, which was dispatched to the site, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the occurrence of an accident, inaccurate and inaccurate walking conditions as an accident driver, making it impossible for him/her to walk due to heavy walking, and smoking in red and breathing, etc., and that he/she was under the influence of alcohol.