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(영문) 전주지방법원 정읍지원 2021.03.25 2020고단559

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven on August 31, 2020 by driving B K5 cars while under the influence of alcohol leveling 0.175% in blood alcohol level between South and North Korea at Jeong-Eup, Jung-gu, Seoul, at around 01:38, on August 31, 2020, and led the Defendant to drive B K5 cars in the direction of the Gu-U.S. distance from the site of sampling.

At night, in such a case, a driver engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear and brakes by properly operating the steering gear and brakes while keeping the steering gear well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the steering gear and brakes properly, and received the street lamps installed on the traffic island as a front side of the vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim C ( South, the age of 27) of the said passenger, such as cutting the body at the bottom of the right boom, which requires approximately 8 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (not after-accident) received street lamps installed on the traffic island as described in paragraph 1 at the time and place specified in paragraph 1, and destroyed the repair cost of KRW 2,812,700, and left the scene without immediately stopping and taking necessary measures.

3. The Defendant violated the Road Traffic Act (drinking) driving the said K5 vehicle under the influence of alcohol leveling 0.175% in the section of about 3km from the front of the road located in Dong in the Si/Gu of Jung-Eup at Jeong-Eup at the time of the day indicated in paragraph 1 to the front of G in the Si/ Jeong-Eup at Jung-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (on-site conditions, etc., victim C telephone conversationss), statement report on the situation of the driver at home, notification of the results of crackdown on drinking driving, and report on whether to drive any danger;

1. Medical certificates and estimates for street lamps;

1. Application of the Acts and subordinate statutes governing the scene of an accident.