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(영문) 전주지방법원 2020.09.23 2020고단117
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a Almat car

On December 23, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.097% 0.097% around 21:35 on December 23, 2019, and driven the front of the Heungsan-gu C apartment at the Jeonju City along the two-lanes between the two-lanes of moving intersections from the distance room of postal administration to the mobile intersection.

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 driven by the victim D(30 years of age) who stops in the signal atmosphere from the two-lane front of the same direction when he was negligent in driving while neglecting this, and received the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said Alti-ma vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim F (31 years of age) who is the victim D and the passenger of the damaged vehicle, and the victim G (30 years of age) for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a altima car in the state of alcohol of about 500 meters alcohol concentration at the section of about 0.097% from the 500-meter radius from the front road of Hasan-gu in the front day of the front day of the front day of the front day of the front day of the front day of the city.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. A traffic accident report, a report on the scene of the accident, a written estimate and a medical certificate, each medical certificate, and the resident inquiry;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Application of the Act and subordinate statutes to one CDs appended to accident images;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed on February 4, 2020 by each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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