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(영문) 전주지방법원 군산지원 2021.01.29 2020고단616

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

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. On April 26, 2020, the Defendant: (a) driven a B car with alcohol content of 0.123% while under the influence of alcohol on the part of approximately 1km from the front of the Gun-si Sea Network in the area adjacent to the Gun-si Sea Network in Do-si; and (b) from the front of the Gun-si Road in the front of the Gun-si Sea Network in the area of approximately 548 square meters until the road in front of the Masan-si.

2. The Defendant is a person who is engaged in driving a B car with a specific car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 26, 2020, the Defendant driven the said car in a state where it is difficult to drive it normally due to the influence of alcohol that reaches 0.123% of alcohol during blood transfusion at around 23:00, and made the said car turn to the left at a speed that cannot be known from the sea surface of the sea wave to the remote distance of the YY.

At the time, there was a signal at night and at the front place, so in such a case, there was a duty of care to prevent accidents in advance by proceeding with the signal apparatus to a person engaged in driving of a motor vehicle in accordance with the signals of the signal apparatus.

Nevertheless, the defendant neglected this and did not accurately recognize the signal signal apparatus installed at the front direction of the defendant's moving direction due to influence of drinking, and the victim C ( South, 49 years old) driven by the signal apparatus signals in front of the defendant's moving direction due to the defendant's negligence in violation of the straight line signal, operated by the defendant in front of the driver's car by the defendant.

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, and suffered injury to the victim, such as light dump, which requires a two-day medical treatment.

Summary of Evidence

1. The C’s written statement concerning the defendant’s legal statement in the police interrogation protocol (written investigation) and the report of traffic accident, notification of the results of crackdown on driving under influence of alcohol, the statement of the driver under the circumstances of the driver under the influence of alcohol, and the investigation report (the driver under the command of