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(영문) 전주지방법원 군산지원 2020.02.14 2019고단1538
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 of the final judgment.

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 motor vehicle B.

On October 20, 2019, the Defendant driven the said car while under the influence of alcohol 0.153% of the blood alcohol concentration around 01:10 on October 20, 2019, and continued the front road C from D to the surface of spring water transport distance.

At this point, the center line and the center line of yellow solid lines are installed, so in such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by safely proceeding to the right in accordance with the traffic classification on the basis of the center line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the station on the left side of the center line in violation of the traffic classification, and entered the right side of the center line, and the Defendant was negligent in entering the same lane as the end of the center line, and was under normal progress from D to the surface of spring water driving distance, and the victim was faced with the body of the victim in order to avoid a collision with the Defendant’s driver’s vehicle with the Plaintiff’s vehicle with a sudden brake.

As a result, the Defendant suffered injury to the victim, such as thale, salvum, and salvum, which require treatment for about two weeks by negligence in the above-mentioned occupational negligence, in a situation where normal driving is difficult due to the influence of drinking.

2. The Defendant, while under the influence of alcohol 0.153% of the blood alcohol level at the time and time set forth in paragraph 1.1., was driving a vehicle of approximately KRW 500 meters from the D adjacent to G in the following city to the site of the accident described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.

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