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(영문) 전주지방법원 군산지원 2020.05.20 2020고단167

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

On November 4, 2013, the defendant was issued a summary order of a fine of 2.5 million won for the violation of the Road Traffic Act (driving) in the military capital support of the Jeonju District Court on November 4, 2013.

Criminal facts

1. Around February 6, 2020: (a) the Defendant driven a DNA coo vehicle under the influence of alcohol with a blood alcohol content of 0.168% from the 1km section from the roads front of the mutual influence point in the Young-si, Seosan City to the roads front of the “C” located in the Yasan-si, Yasan-si.

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

On February 6, 2020, the Defendant, at around 20:15, reached the blood alcohol concentration of 0.168% and was unable to drive normally due to influence of drinking, but driving the said car and driving the front road of the “C” located in “C” in “C” in the following city in the following city: (a) the driving of the said car at a speed that would not be known from the “the distance of driving the car at the end of the second city”.

At the time, a signal is installed at night and at the front, so in such cases, there was a duty of care to reduce the speed to a person engaged in driving of a motor vehicle and to prevent an accident in advance by looking well at the other vehicles' attitudes in the signal light and the front door.

Nevertheless, the Defendant neglected this and failed to operate the brake system at the time due to influence of drinking, and due to the negligence of the Defendant’s failure, the Defendant received the FMW car driven by the victim E (WW car 68 years old) who stops in accordance with the vehicle signal apparatus stop signals at the front section of the vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered a scarcity of a chest boom that requires two-day medical treatment to the victim E.

Summary of Evidence

1. The defendant;