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(영문) 전주지방법원 2021.01.26 2020고단2211
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

1. On September 11, 2020, the Defendant, at around 07:40, driven a bicycle under the influence of alcohol level of about 0.152% from the 1km section of the blood alcohol level, from the front side of the “C Marart” in the Yansan-gu Seoul Metropolitan City, to the front side of the “E restaurant” located in the Yansan-gu, Jeonju-si.

2. On September 11, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was under the influence of alcohol level of 0.152% from the blood transfusion on September 11, 2020, while driving the bicycle with the above engine device under the influence of alcohol level of 0.152%, the Defendant changed the course of the two-lane of the “E cafeteria” road from the front side of each valley to the front side of each valley.

In this case, there was a duty of care to change the car line with the person engaged in driving service, considering the traffic situation before and after.

Nevertheless, the defendant's negligence while under the influence of alcohol while driving in one lane in the same direction as the defendant's negligence, which led to the conflict between the victim G ( South, 59 years old) who was driving in the same direction as the defendant's, and the part adjacent to the motor device of the defendant's bicycle.

As a result, the Defendant, while driving a motor bicycle in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim G, such as salt, tension, etc. in need of a two-day medical treatment, and injury to the victim I (V, 57 years old) who was accompanied by the damaged vehicle, respectively, for about two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and J;

1. Application of Acts and subordinate statutes, such as a traffic accident actual condition survey report, accident scene photograph, report on risk driving, appraisal report, and each medical certificate;

1. The former part of Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of danger) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2(3)2 of the Road Traffic Act.

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