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(영문) 전주지방법원 2019.10.10 2019고단289
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving) and the Defendant is a person engaged in the operation of B rocketing car;

On December 24, 2018, the Defendant driven the said car while under the influence of alcohol of 0.240% of the blood alcohol concentration around 04:30%, and led the Defendant to drive the said car along one-lane of the two-lanes from the direction of the labor office of the Jinjin-gu Seoul Metropolitan City at Jeon-gu.

A person engaged in driving of a motor vehicle shall not operate a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has the duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation on the front-hand and operating the steering system accurately.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.240%, was negligent in neglecting such duty of care, was driven by the front part of the given car owned by the Defendant, which was parked in two-lanes of the same direction by the victim E, and due to the shock of the car driven by the Defendant, the vehicle driven by the Defendant was driven by the victim G, which was parked in the two-lane, and was driven by the Defendant.

Ultimately, the Defendant, as seen above, suffered injury to the victim I (Nam, 19 years of age) who was driven by the Defendant due to the occupational negligence in driving the said vehicle while normal driving due to influence of alcohol, such as the following: (a) the victim I (Nam, 19 years of age) who was driven by the Defendant due to the injury of the Defendant; (b) the victim J (Nam, 20 years of age) of the arms in need of approximately six-day medical treatment; and (c) the victim J (Nam, and 20 years of age), such as chills and tensions in need of approximately three-day medical treatment; and (d) at the same time, the victim E-owned horse car is damaged to the extent of KRW 9,625,00 of the repair cost; and (e) approximately KRW 2,15,034 of the repair cost is owned by G.

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