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(영문) 전주지방법원 2020.10.28 2020고단779
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a MF6 car.

On March 10, 2020, the Defendant driven the said vehicle at a speed of 0.166% with alcohol level of 0.16% in a state where it is difficult to drive the vehicle normally due to the influence of alcohol on March 10, 2020, while driving the said vehicle at a speed of 4-lanes in the vicinity of the Yansan-gu Seoul Special Metropolitan City at the front week, leading the said vehicle at a speed of an insular speed depending on D-sections from the erobbb

At that time, at night and in front of the defendant's driving direction, the Funching car driven by the victim E (the age of 26) was stopped in waiting for the signal, and thus, the driver of the vehicle had a duty of care to safely operate the steering gear by keeping the safety distance, maintaining the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to operate the steering gear on the front side, and received the back part of the car driven by the victim as the front part of the passenger vehicle driving by the Defendant due to the negligence of not operating the steering gear safely.

As a result, the Defendant suffered injury to the victim, such as catitiss, which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to the traffic accident inspection report, the notification of the results of the drinking driving control, the circumstantial statement of the drinking driver, the circumstantial report of the drinking driver, the report on whether to drive any danger, and the written diagnosis;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 of the Criminal Act:

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