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(영문) 전주지방법원 2020.09.22 2020고단1062
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by a year 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

The defendant is a person engaged in driving a observer car B.

On April 21, 2020, at around 22:22, the Defendant driven the said vehicle while under the influence of alcohol with 0.105% of alcohol level 0.105%, and led the said vehicle to drive the said vehicle at an influence of the gold-line four-lane road located in Seojinjin-gu Seoul in the Jeonjin-gu Seoul Metropolitan City.

At the time, there is a duty of care to properly operate the steering direction and operation system and to safely drive it in accordance with the central line, because it is a private distance intersection where the center line of the yellow-ray is installed at night and it is installed, the driver of the motor vehicle has a duty of care to safely drive it.

Nevertheless, under the influence of alcohol, the Defendant neglected to pay attention to the front time while drunk and failed to properly operate the steering gear, and was driven by the central line, due to the occupational negligence of driving the central line, and stopped at the opposite lane, and received 30 cc or the front ender of the traffic signal E(V) driving of the victim E(V) or the vehicle in the atmosphere of the signal.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, resulting in the victim’s impairment of the character of the head of the part of which detailed details need to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the actual condition survey report, accident vehicles and field photographs, reports on the occurrence of traffic accidents, reports on the hearing of statements, reports on the results of the crackdown on drinking driving, medical certificates and circumstantial reports (whether or not a dangerous driving is permitted);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Article 148-2(3)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act (the point of driving at risk), each of which is imprisonment with prison labor.

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