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(영문) 전주지방법원 2021.03.31 2020고단1791

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

Reasons

Punishment of the crime

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

On August 2, 2020, the Defendant driven the said car under the influence of alcohol level of 0.115% among blood transfusions on August 2, 2020, and continued to drive the said car under the influence of alcohol level of 0.115%, with the two-lane roads in front C in Kim Jong-si as the side of the road in front of Kim Jong-do from Kim-do to the side of the road.

Since there is a centralized separation, there was a duty of care to prevent accidents by thoroughly operating a driver of a motor vehicle, and accurately manipulating the steering and brakes of the motor vehicle to prevent accidents.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 조향장치를 정확히 조작하지 않은 과실로 피고인이 운전하는 승용차 왼쪽 앞 범퍼 부분으로 중앙 분리대를 들이받고, 그 충격으로 위 승용차 운전석 바퀴 축이 떨어져 반대 차로로 튕겨 져 나가 반대 차로에서 진행하던 피해자 D( 남, 49세) 이 운전하는 E 그랜저 승용차의 앞 범퍼 부분을 충격하게 하였다.

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, tensions, etc. in a state of light that requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a E-free vehicle under the influence of alcohol level of about 0.115% from G middle school located in Kim Jong-siF before the day specified in paragraph 1 to the front road of Kim Jong-si in the previous Kim Jong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Notification of the circumstantial report made by a driver driving a drinking driver and the results of regulating drinking;

1. The application of Acts and subordinate statutes to the report of a traffic accident by a medical certificate (1) and (2) the actual survey report;

1. Relevant provisions of the Act concerning facts constituting an offense;