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(영문) 전주지방법원 남원지원 2020.04.28 2020고단46
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

1. On December 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a three-laned vehicle in front of Cmiddle School, in a state of under the influence of alcohol 0.118% by blood alcohol concentration, and driving a motor vehicle at a speed of about 40 km per hour from the 4rd side of Do, along a one-lane.

At the time, a crosswalk and a yellow flickering signal was installed at night and at the front of the night, so in such a case, there was a duty of care to safely operate the crosswalk and prevent accidents by safely driving it after checking whether there is any person who gets off the crosswalk by reducing speed and thoroughly examining the right and the right of the driver.

Nevertheless, the Defendant was negligent in driving a vehicle while driving the vehicle under the influence of alcohol without putting the front door well, and did not discover the victim F(68 years old) who was carrying the crosswalk on the right side from the left side of the running direction of the Defendant, and did not discover the victim F(68 years old) who was moving the crosswalk on the right side of the Defendant’s vehicle, and shocked the part of the victim’s body in front of the right part.

After all, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury, such as escape of the bones of wood, which requires approximately eight weeks medical treatment, to the victim.

2. The Defendant violated the Road Traffic Act (driving) at the same time as stated in paragraph (1) of this Article, driving a dial motor vehicle in the state of alcohol alcohol concentration of about 700 meters from the side of the “H” located in the Nam-si G to the front of the J in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement K and F;

1. A traffic accident report;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. A report on whether to drive any dangerous motor vehicle;

1. A medical certificate;

1. On-the-spot photographs and black images shall be cut.

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