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(영문) 전주지방법원 2020.08.18 2020고단552
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The sentence against the accused shall be determined by one year and four months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the 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 engaging in driving a passenger car B lowest

On January 8, 2020, the Defendant driven the said car under the influence of alcohol of 0.094% with a blood alcohol concentration of 0.094% around 15:40, while driving the said car, and driving the five-lane road in front of the Shinsan-gu Seoul Special Metropolitan City on the surface of “D apartment” at the “d apartment,” along the two-lanes of the road.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the traffic situation on the front time and by accurately manipulating the steering gear, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, led the victim E (the 64-year old) who stops in the signal signal in front of the Defendant’s running direction, was driven by the front part of the driver’s vehicle in front of the said high-speed truck, and due to the shock, the Defendant was able to take the front part of the driver’s vehicle in front of the said high-speed truck.

Ultimately, the Defendant driving the said high-speed car in a situation where normal driving is difficult due to influence of drinking, and suffered from the injury of climatic salt, etc., which requires two-day medical treatment, to the said victim E, and suffered from the injury of the said victim G and the said victim I (78 years of age) for about two weeks of medical treatment.

2. Around 15:40 on January 8, 2020, the Defendant driven a B-hand car with a blood alcohol concentration of about 0.094% from the 1km section around the 1km-gu Seoul Special Metropolitan City (J) to the front road in the Yansan-gu Seoul Special Metropolitan City (J).

Summary of Evidence

1. Defendant's legal statement;

1. G. E.

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