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(영문) 전주지방법원 군산지원 2020.05.13 2020고단94
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight vehicles B;

On January 3, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.103% of the blood alcohol concentration on January 3, 2020, and driven the front road of D in E High School C from the direction of E High School to the mountain distance.

A driver of a motor vehicle has a duty of care to live well on the front side, to accurately operate the steering system, brakes, and other devices of the motor vehicle, and to refrain from driving a motor vehicle at a speed or in a manner that may cause danger and disability to others, or from driving a motor vehicle under the influence of alcohol, depending on the traffic situation of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while driving normally due to the influence of alcohol, and was negligent in driving on the front side of the Defendant’s vehicle, and the victim F (F) drive G G G G G G G G G G G G G G G G G G G G Glblst, which was driven on the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the said victim, such as salt, tension, etc. in need of medical treatment for about three weeks.

2. The Defendant, at the time and place specified in paragraph (1), driven the above B Poter Ⅱ in a state of alcohol concentration of 0.103% without a driver’s license, at the same time and place as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The application of the actual condition survey report, accident site photograph, report on the circumstantial statement of a drinking driver, report on whether to drive dangerous, notification of the control results of drinking driving, register of driver's licenses, and medical certificate, and Acts and subordinate statutes;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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