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(영문) 전주지방법원 2021.03.24 2020고단1767

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal history] On June 12, 2018, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Jeonju District Court.

[Criminal facts]

1. The Defendant is a person engaging in driving a vehicle B E Q90 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 13, 2020, the Defendant driven the said car under the influence of alcohol level of 0.119% among blood transfusions on June 21, 2020, while driving the said car, and driving the three-lane road in front of the D cafeteria C in the Yansan-gu Seoul Special Metropolitan City, Jeonju City along the innovation city from the boundary of the E school to the innovation city, and changed the two-lanes to the three-lane.

Since there are a large number of vehicles, in such a case, there was a duty of care to make a person engaged in driving of a motor vehicle well look at the traffic situation and change the car line.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to keep the right and did not see the right side of the vehicle, and by the negligence of changing the vehicle line along the three-lanes of the above road, received the left part of the GMW car driven by the victim F (MW car 48 years old) as the front part of the passenger car right side of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle between approximately 2 km and 0.119% alcohol level among blood alcohol level from the 2km section around the former North Korean National Police Agency located in the Yansan-gu Seoul Metropolitan City, Jeonju-si, to the front road of the D restaurant located in the Yansan-gu, Jeonju-si, Jeonju-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the police concerning F of the defendant's legal statement 1F;

1. A medical certificate;

1. A survey report on actual conditions;