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(영문) 전주지방법원 2019.01.08 2018고단1775
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

The defendant is a person who is engaged in driving a BM5 car.

1. On August 10, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) opened face under the influence of alcohol concentration of 0.166% on blood, 0.16% on the road, flusing snow, and walking, etc., while making it difficult for the Defendant to drive the said car normally, the Defendant driven the said car, driving the said car on the front of the D cafeteria located in Ysan-gu C at the front city of the Jeonsan-gu at the front city, along with one-lane of the E-school page from the front of the front city.

At the time, a driver of a motor vehicle has a duty of care to observe the steering system of the motor vehicle in an unbreath state and to pay attention to controlling the force when he/she operates the steering system, brake system, etc. of the motor vehicle as intended.

Nevertheless, the Defendant neglected to operate the brake while under the influence of alcohol and proceeded as it is without operating the brakes properly, due to the occupational negligence of the Defendant, followed the G SP car driven by the injured F in accordance with the red signals in front of the Defendant’s car, and received the part of the Defendant’s vehicle in front of the passenger car, and caused the victim to suffer from the light spocks that require approximately two weeks of treatment.

2. On March 7, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a violation of the Road Traffic Act by the Jeonju District Court on March 7, 2007, and one million won as a fine in the same court on June 13, 2013.

The Defendant, while under the influence of alcohol content of 0.166% in a temporary border like the preceding paragraph, driven BM5 car around 50 meters on the front of the beerhouse located in Samcheon-gu, Jeoncheon-gu, Jeoncheon-si, Jeonju, by the day prior to the D cafeteria located in Ysan-gu, Jeoncheon-gu, Jeonju-si.

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

1. The defendant;

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