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(영문) 전주지방법원 2020.06.16 2019고단1987
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by two years of imprisonment.

Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 1987"

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a car BMW 520D.

On October 25, 2019, at around 23:04, the Defendant driven the said car while driving it normally under the influence of alcohol with 0.20% of blood alcohol level 0.20%, and driven the two-lane road in front of Yansan-gu C in front of the Jeonju-si in the Jeonju-si, along two-lanes.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes and accurately.

Nevertheless, under the influence of alcohol, the Defendant neglected this and changed the course from the two-lane to the one-lane, and changed the course to the two-lane, and was driven by the victim E(32 years old) who stops in the same direction from the two-lane to the signal atmosphere, as the front part of the said BM 520D car.

As a result, the Defendant driven the said BMW 520D car under the influence of alcohol that it is difficult for the Defendant to drive in a normal condition, and suffered injury to the victim, such as salt, tension, etc. of the trend requiring approximately two weeks medical treatment.

2. On May 20, 201, the Defendant received a summary order of KRW 700,000,000 from the Jeonju District Court and the Jeonju District Court issued a fine of KRW 50,000 for the same offense, etc. on June 5, 201, respectively.

Although the Defendant had the record of violating Article 44(1) of the Road Traffic Act, the Defendant driven the said BMW 520d car under the influence of alcohol concentration of approximately 0.20% from the 2km section of approximately 2km to the roads adjacent to “G” located in Seocho-gu Seoul Metropolitan Area at the time of the temporary border under paragraph (1) of the same Article.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

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