beta
(영문) 전주지방법원 2020.05.13 2019고단1619

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 10, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B observer car with blood alcohol concentration of 0.081%, while under the influence of alcohol level around 23:45 on July 10, 2019, led the Defendant to proceed to the direction of the 119 Safety Center in the direction of the former Songjin-gu Seoul Metropolitan City.

At the same time, there was a private intersection in which traffic is controlled by signal, etc., and there was a vehicle standing in line with the same direction red signal, so in such a case, there was a duty of care to prevent accidents in advance by checking the right and the right and the right of the driver of the motor vehicle and maintaining the safety distance.

Nevertheless, the Defendant neglected to perform the above duty of care and did not change the signal while he was unable to drive normally under the influence of alcohol to the extent that the snow at the time is shocked, the inside of the inside of the inside of the inside of the inside of the inside and sob, so that he was unable to walk properly, and was in a straight fashion, while driving the part behind the victim D's 3 K3 car parked in accordance with the aforementioned new subparagraph, and was driven by the Defendant as the front part of the above options car in which the Defendant drives.

Ultimately, the Defendant, while driving the observer car in a situation where normal driving is difficult due to the influence of alcohol, suffered injury, such as “heat,” which requires approximately two weeks of medical treatment, to the said victim.

2. On March 10, 2008, the Defendant received a summary order of KRW 500,000 from the Jeonju District Court to a fine of KRW 500,00,00 from the same court for a crime of violating the Road Traffic Act. As for the same crime on August 20, 2012, the Defendant received a summary order of KRW 2 million from the same court.

On July 10, 2019, the Defendant: (a) around 23:45 on July 10, 2019, and (b) from the front of the G cafeteria located in F in Seo-gu Seoul Special Metropolitan City, Seojin-gu.