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(영문) 전주지방법원 2020.12.22 2020고단1930
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by one year and two months.

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

Reasons

Punishment of the crime

1. From July 25, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle with D low alcohol concentration of 0.212% depending on two laness in front of C Licensed Real Estate Agents in Seo-jin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) on July 25, 2020, while under the influence of alcohol level 0.212%, and driven the motor vehicle toward a new direction in E direction

Since there is an intersection where signal lights are installed, there was a duty of care to safely operate a motor vehicle driving person, such as making a boom well by accurately manipulating the operation and steering gear of the motor vehicle and preventing accidents.

Nevertheless, the Defendant is divided into alcohol, and the Defendant was negligent in neglecting his duty to stop on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right and the right and the right and the right and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as light dump, which requires approximately two weeks of treatment, to the victim.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle at the 1km section of approximately 0.212% of blood alcohol concentration at the 1km section from the date and time border as stated in paragraph (1) of this Article, and from the 1km section of around the 1km section of the former C Licensed Real Estate Agents in the Gu to the roads in front of the C Licensed Real Estate Agents in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. The application of Acts and subordinate statutes to survey the actual situation, accident vehicles and field photographs, notification of the results of the crackdown on drinking driving, circumstantial reports (whether or not a dangerous driving is permitted), and medical certificates;

1. The corresponding Article of the Criminal Act and the aggravated punishment of specific crimes selected for the crime.

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