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(영문) 전주지방법원 2020.09.09 2020고단59
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 Power] On July 26, 2007, the Defendant received a summary order of a fine of one million won for the crime of violating the Road Traffic Act at the Seoul Southern District Court.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a motor vehicle B

On November 19, 2019, at around 22:35, the Defendant driven the said car while under the influence of alcohol of 0.168% of alcohol concentration, and led the Defendant to drive the said car in the direction of Empt from the right distance, the three-lanes in front of the D cafeteria C located in Seojin-gu Seoul in the Jeonjin-gu Seoul Metropolitan City.

A person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and since it is an intersection, there was a duty of care to thoroughly operate the motor vehicle in the front-time situation and to safely operate the motor vehicle in compliance with the direction of driving and the direction of driving.

Nevertheless, while under the influence of alcohol concentration of 0.168%, the Defendant was driven by the victim F (Nam, 25 years old) who is driving from the Empt to the transition distance due to negligence beyond the median line by negligence while neglecting such a duty of care while driving the blood alcohol concentration of 0.168%.

As above, the Defendant suffered injury, such as salt, tension, etc., by negligence in the course of performing duties, in a situation where normal driving is difficult due to the influence of alcohol, which requires approximately two weeks medical treatment to the above victim.

2. Around November 19, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driven a ccus vehicle from approximately 1km to approximately 0.168% under the influence of alcohol concentration from the road to the place where the said accident occurred, from around 1km to the day before an I restaurant located in Seo-jin-gu, Seoul Special Metropolitan City to the day before the D cafeteria located in the Seoul Special Metropolitan City (Seoul Special Metropolitan City).

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