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(영문) 전주지방법원 2020.08.18 2019고단1415
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The sentence against the accused shall be determined by one year and four months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a rocketing car.

On July 21, 2019, at around 16:30, the Defendant driven the above vehicle while under the influence of alcohol 0.172% of alcohol level, and led the Defendant to go behind for parking at the Dwwnae-gu Seoul Metropolitan Government Dagjin-gu.

In this case, the driver of the vehicle has a duty of care to operate safely by timely operation of the steering direction and brake system by checking well the front, rear, and left and right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and sustained the injury of the victim, who was parked in the rear room due to the negligence that he was unable to drive normally due to the influence of drinking, following the top top of the F-wing vehicle driven by the victim E (V, 61 years old), who was driven by the victim E (the 61 year old), with the rear part of the above rocketing car volume, caused the collision with the victim who was on board the above wing vehicle for about two weeks, such as the dump dump, tension, etc. in need of treatment.

2. Violation of the Road Traffic Act (driving) stipulates that the Defendant is parked in a Dwwna parking lot located in Seojin-gu Seoul at the time and time set forth in paragraph (1) of this Article while driving in the zone of parking.

The parked vehicle conflicts with each other, and the vehicle is moving to another parking area after moving again.

In the 40-meter section as described in paragraph (1), he/she driven the rocketing car as described in paragraph (1) while under the influence of alcohol level of about 0.172%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

1. The application of Acts and subordinate statutes to traffic accident reports, photographs, each statement hearing report, notification of the results of the control of drunk driving, report on whether to drive any dangerous vehicle, and medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment was made (amended by Act No. 16922 of Feb. 4, 2020).

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