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(영문) 전주지방법원 2020.02.05 2019고단1626
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 of the final judgment.

Reasons

Punishment of the crime

On August 20, 2008, the Defendant received a summary order of KRW 1.5 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court on March 2, 2015 to a fine for the same crime, respectively.

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B.

On July 30, 2019, at around 20:10, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.257%, it was difficult to drive normally, the Defendant driven the front of the D road located in Yasan-gu C in the front city of the front city along the two-lanes (excluding the front lane) of the front city of the front city from the shooting distance of the apartment in the front city of the front city to the surface of the Gu (excluding the front lane).

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving and received the back portion of the F-Wing car driven by the victim E (the aged 31) who stops in the same lane at the front of the same lane as that of the Defendant’s cargo vehicle.

As a result, the Defendant driven the above cargo while it is difficult to drive the vehicle normally due to influence of drinking, and suffered injury to the victim, such as cerebral abrut, which requires medical treatment for about two weeks.

2. Although the Defendant had the record of violating Article 44(1) of the Road Traffic Act, the Defendant driven the Poter II truck under the influence of alcohol at approximately 20 km section from the front of the G G in the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the road in the front of the front of the front of the city in the front of the front of the front of the front of the city

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E.

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