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(영문) 전주지방법원 2019.05.31 2018고단2464
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

On April 25, 2011, the Defendant was sentenced to a fine of two million won as a violation of the Road Traffic Act (driving) at the Jeonju District Court on April 25, 201, and one million won as a fine by the same court on June 5, 2018.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a passenger car in B SP.

The Defendant, while under the influence of alcohol concentration of 0.113%, smelled, walked with a little string distance, walked with little face color, etc., he driven the said car in a state that it is difficult to drive it normally, and on October 28, 2018, around 03:15, on the three-lane road in the Western-gu Western-gu Seog-gu Seog-gu, Seogsan-gu, the Defendant proceeded with one-lane from C to the west-do square.

At the time, the Defendant was proceeding behind the victim D(23 years old) driving car, and in such a case, the Defendant had a duty of care to maintain the safety distance with the vehicle ahead and to accurately operate the steering and steering gear by checking well the front side.

Nevertheless, under the influence of alcohol, the Defendant had the victim suffer a tension, salted, etc. in need of treatment for about two weeks in front of the motor vehicle in the spawn in front of the spawn vehicle, following the upper part of the spawn in front of the spawn vehicle, which was under the influence of the Defendant’s negligence.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant at a distance of about 500 meters from the roads front of the mutual and aesthetic drinking road located in the front of the front of the front of the front of the front of the city of the city of Busan at the time of the week set forth in paragraph (1), under the influence of alcohol by 0.13% of blood alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

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