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(영문) 전주지방법원 2020.01.21 2019고단1333

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for two years.

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 Power] On June 29, 2015, the Defendant received a summary order of a fine of three million won for the crime of violating the Road Traffic Act from the Jeonju District Court.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car.

On July 31, 2019, at around 00:28, the Defendant driven the said car under the influence of alcohol of 0.151% with a blood alcohol concentration of 0.15%, and tried to change the lane from the right edge to the right edge of D Hospital from the right edge of C University (hereinafter referred to as “C University New Year”) to the right edge of D Hospital.

In such cases, a person engaged in driving of a motor vehicle shall not operate a motor vehicle in a state where normal driving is difficult due to influence of drinking, and in the case of a change of the vehicle, he/she has a duty of care to make it possible to report the traffic situation of the vehicle in the front line and to accurately operate the steering and brake system and prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol content 0.151%, neglected to do so and went on one lane in the same direction by negligence, was shocked into the left-hand portion of the said car driven by the Defendant by the victim E (Nam, 41 years old) who was driving in the same direction.

As above, the Defendant suffered injury to the victim G (Nam, 37 years old) by negligence in the course of driving the said vehicle in a situation where normal driving is difficult due to influence of alcohol, such as dump dump, tension, etc., which requires approximately two weeks of medical treatment, and injury to the victim G (ma, 37 years old) who boarded the said taxi for about two weeks of medical treatment, such as salt dump, tension, etc.

2. On July 31, 2019, the Defendant violated the Road Traffic Act (driving) on the stadium distance from July 31, 2019 to the stadium distance in 545, from the first road located in J in Seo-jin-gu, Seoul Special Metropolitan City on July 31, 2019 to the same white road.