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(영문) 전주지방법원 군산지원 2020.05.15 2019고단1631
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 of the final judgment.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is engaged in driving motor vehicles B;

On October 31, 2019, the Defendant driven the foregoing vehicle under the influence of alcohol of 0.209% with a blood alcohol concentration of 0.209% around 22:15, and led to the two-lane road in front of the Geum River Dog-ro, the Sung River Dog, which is located in the 2-lane 2-gil in the military mountain, along the direction of the river mouth bank and tourist destination, along the two-lane in the direction of the river mouth bank and tourist destination.

At night and at the time, the victim C(31) is driving on the front side of the defendant's moving direction, so in such a case, the driver of the motor vehicle has a duty of care to secure the safety distance of the motor vehicle in front and in front, to ensure the safety distance of the motor vehicle in front and rear, and to operate it safely by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and did not find the above director and proceeded without finding it in the front direction of the Defendant’s proceeding while it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and due to negligence, the Defendant received the back portion of the above assistant director who the victim drives in front of the above low-speed motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On September 11, 2013, the Defendant was sentenced to a suspended sentence of two years at the Jeonju District Court for the crimes of violation of the Road Traffic Act.

The Defendant driven the foregoing low-speed vehicle while under the influence of alcohol 0.209% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. A report on the occurrence of a traffic accident, a traffic accident report, and an investigation report;

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