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(영문) 전주지방법원 2019.02.19 2018고단2234
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Jeonju District Court for a violation of the Road Traffic Act, and a fine of KRW 4 million by the same court on February 8, 2012 for a violation of the Road Traffic Act.

Criminal facts

1. A person who is engaged in driving a Class B high-class 3 trucking service;

On August 25, 2018, at around 17:30, the Defendant driven the foregoing vehicle while under the influence of alcohol of 0.153% with a blood alcohol concentration of 0.153%, and proceeded at a speed of about 30 km per hour at a speed of about 30 km among the two-lanes in the after and after the afterside of the Electronicland in order to keep the road front of the Seongdong-gu Seoul Building in front of the former city.

At this point, there is an intersection with signal apparatus installed and there was a stop vehicle for the signal waiting, so in such a case, there was a duty of care to operate the brakes properly by properly operating the brakes while living well in the front.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.153%, neglected to do so, neglected to do so, and instead instead, received the back part of the E-high-est car driven by the victim D (ma, 24 years old) who was stopped for the atmosphere of signal in the front bank as the front part of the said vehicle.

As a result, the Defendant suffered an injury to the victim, such as catum dump, which requires approximately two weeks of medical treatment due to negligence in the course of business that drives the said truck in a situation where normal driving is difficult due to influence of drinking.

2. Around 17:30 on August 25, 2018, the Defendant: (a) driven B 3 truck under the influence of alcohol with a blood alcohol concentration of about 0.153% at the section from the front of the Yinjin-gu Seoul Metropolitan Government to the front road of the 3.8km-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City; (b) around 17:30 on August 25, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the results of the crackdown on drunk driving;

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