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(영문) 전주지방법원 2019.07.26 2019고단233

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving Benz automobiles;

On July 13, 2018, at around 03:00, the Defendant driven the said car while under the influence of alcohol of 0.132% of blood alcohol level, and led to the driving of the said car along the intersection distance of 22, e.g., Yansan-gu, Yancheon-ro, Jeonju-dong, Jeonju-gu, Seoul, along a one-lane from the intersection to C Hospital.

At the time, a signal is installed at night and at all times, so in such cases, the driver had a duty of care to reduce the speed to the person engaged in driving service and to prevent the accident in advance by looking well at the other vehicles' attitudes in the signal light and the front door.

Nevertheless, the Defendant did not find out that, while under the influence of alcohol, the victim D (Nam, 60 years old) who was driven prior to one-lane in the same direction as occupational negligence, did not stop according to the stop signal, and received the part behind the car driven by the Defendant with the front part of the said car driven by the Defendant.

As above, the Defendant suffered injury, such as salt, tension, etc., by negligence in the course of performing duties, in a situation where normal driving is difficult due to the influence of alcohol, which requires approximately two weeks medical treatment to the above victim.

2. Around 03:00 on July 13, 2018, the Defendant driven a benz car under the influence of alcohol concentration of about 0.132% from the G alcohol house in Yancheon-gu, Yancheon-ro, Yancheon-ro, 200 meters prior to the G alcohol house in Yancheon-gu, Yancheon-dong, to the Kancheon-ro 22, the Defendant driven the benz car under the influence of alcohol concentration of about 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D or H by the police;

1. The actual condition of traffic accidents, on-site photographs;

1.Report of internal investigation and report of the control of drinking driving;