beta
(영문) 전주지방법원 2021.03.26 2020고단1825

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by imprisonment for a term of 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

【Criminal Records of Crimes】 On March 10, 2010, the Defendant was issued a summary order of KRW 1,500,000 by the Jeonju District Court to a fine for a crime of violating the Road Traffic Act.

[Criminal Facts]

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

On July 31, 2020, the Defendant was under the influence of alcohol concentration of 0.123% from blood alcohol level around 03:00, the Defendant was under the influence of alcohol leveling at 0.123%, and the Defendant was under the influence of Dan-ro, Yan-gu, Jeonnsan-gu, Yan-gu, Mannsan-do, with its intersection from the west Bridge to the Jin-

At the time, at night and its location are installed with signal signal at the time, so in such a case, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with a duty of care to safely drive the motor vehicle by living well on the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive a car normally due to the influence of alcohol, by driving the car in a state where it is difficult for the Defendant to drive the car, and due to the influence of alcohol, was negligent in violating and proceeding the red signal signal, and the front part of the victim C ( South, 29 years old) driving with the right side from the left side of the maws car in accordance with the new code.

Defendant 2 suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of care due to such occupational negligence.

2. On the same date and time as referred to in the preceding paragraph, the Defendant driven the said vehicle under the influence of alcohol content of about 0.123% from the 1km section of the blood alcohol level from the 1km section to the front road of the 1km-si in front of the front city of Jeonju.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;