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(영문) 전주지방법원 2021.02.03 2020고단1150
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 9, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for a crime of violating the Road Traffic Act (dacting driving), and on June 5, 2018, the Defendant was issued a summary order of KRW 2.5 million by the same court for the same crime, etc.

[Criminal facts]

1. The Defendant is a person engaging in driving a new EF rocketing car, who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On April 17, 2020, the Defendant driven the said car under the influence of alcohol level of 0.182% during blood alcohol level at around 18:25, while driving the said car, and driving the road of the preceding two lanes from E apartment to F apartment from E apartment, the Defendant received a part of the lower HPD 125A Oral part behind the Defendant’s vehicle in front of the passenger car.

Ultimately, the Defendant, while driving the said new EF Launa car under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (Dless Driving) were driven by the Defendant from the J cafeteria, set forth in paragraph 1, which was located in the Gu C, in the front of the J cafeteria located in Seo-gu, Seojin-gu, Seoul, Seoul, to the front road, and from approximately 300 meters section to the D 300 meters section without the vehicle driver’s license, while under the influence of alcohol content of 0.182% of the blood while driving the said new EF rocketing.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Statement, investigation report, and notification of the results of crackdown on drinking driving;

1. (a) On the register of driver's licenses for vehicles and on the register of vehicles;

1. A medical certificate;

1. A previous conviction in judgment:

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