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(영문) 대전지방법원 홍성지원 2020.05.26 2020고단134
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The imprisonment with prison labor for the accused shall be determined by one year and two months.

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 engaged in driving a B car;

On November 19, 2019, the Defendant driven the said car at a speed of 0.186% alcohol level on blood alcohol level around 14:20 on November 19, 201, and proceeded at a speed of about 50km from the outermost road of the Western, Seocheon-gun C market, Chungcheongnam-gun, along one lane.

Since a crosswalk is installed on the front side, in such cases, a person engaged in driving service has a duty of care to check whether there is a person or a parked vehicle, and to prevent accidents by safely driving it.

Nevertheless, under the influence of alcohol, the Defendant was at the latest found out of and operated by the victim D(the age of 31) who was parked in front of the front of the front-down crosswalk due to negligence while neglecting the above duty of care, and was at the latest found out of the front part of the said car. However, the Defendant received the rear part of the said car as the front part of the said car.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol, and caused the injury to the victim FF (the 32 years old) who was on board the said motor vehicle with the said victim for about two weeks, respectively, by driving the motor vehicle.

2. On July 13, 2018, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court’s red support.

The Defendant driven a car with the above car while under influence of 0.186% alcohol level at the above time and at the above place.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

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