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(영문) 전주지방법원 2021.03.18 2020고단1623
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of defendants shall be one year and six months.

The execution of punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 4, 2020: (a) around 03:15, the Defendant was driving a vehicle of sofri-hurd with C-hurt-hurg, under the influence of alcohol concentration of about 0.183% at the section of approximately 45km from the front of the B apartment in Masan-si, Sinsan-si to the front direction of the vehicle-only north-ro, Jin-gu, Jin-si, Seoul, to the front direction of the new U.S. intersection.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) temporarily set forth in paragraph 1, while under the influence of alcohol, led to the Defendant’s operation of a bread-lurged car, thereby running the middle point in the direction of the direction of the former intersection through the new U.S.-U.S. intersection as an exclusive road for motor vehicles, from the military breadon surface.

Since the place is 80 km, there is a duty of care to observe the speed and speed of the vehicle, to accurately operate the steering gear and brakes, and the defendant, while under the influence of alcohol, has not complied with it properly while it is difficult to drive normally, has turned the restricted speed into 122 km a speed exceeding 42 km, and has been followed by the E-Poter II cargo vehicle driven ahead of the same lane ( South, 59 years old) by driving the same lane.

D has suffered an upper part, such as salt pans, tensions, etc., of a shoulder, which requires treatment for approximately two weeks.

The defendant driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking so that the victim D could be injured.

Summary of Evidence

1. Statement by the defendant in court;

1. The report (i) on the traffic accident; and

1. Notification of the results of regulating drinking driving;

1. Statement hearing reports on the circumstances of the driver involved in driving;

1. Medical certificate (D);

1. Application of Acts and subordinate statutes to investigation reports (in addition to crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and application of speed violations and payment of physical damage due to causes of accidents);

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(3)2 and 44(1)1 of the Road Traffic Act.

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