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(영문) 전주지방법원 2021.01.26 2020고단2182
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Category B car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 3, 2020, the Defendant driven the said car under the influence of alcohol level of 0.165% during blood transfusions on August 3, 2020, while driving the said car at a 0.165%, and, at the same time, the said car was driven at an insular speed from the surface of the D Village to the surface of the tin private distance.

Since it was a bend road, the driver had a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and duty of operation of the steering system.

Nevertheless, the defendant, while driving the above car in a situation where normal driving is difficult due to the influence of alcohol, was negligent in failing to properly operate the steering gear, and the above car left the left-hand side of the road.

Ultimately, the Defendant suffered injury to the victim C (V, 56 years of age) of the same passenger due to the foregoing occupational negligence, such as a multi-lock in distress, which requires approximately two-day medical treatment.

2. Defendant 1 was under the influence of alcohol level of 0.165% in blood at the above date, time, and at the above place, Defendant 2 driven the said car at approximately 1.5 km from the street in the vicinity of Kim Jong-si to the above D village.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating drinking driving, reporting on whether to drive any danger, reporting on each traffic accident, evidence and photographs of the scene of the traffic accident, and the application of statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act [the punishment shall be heavier.]

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