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(영문) 전주지방법원 2020.09.09 2020고단1030
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On February 13, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On April 3, 2020, at around 01:15, the Defendant driven a DK7 car in the state of alcohol with a maximum of approximately 700 meters alcohol concentration of 0.120% from the section of approximately 700 meters from the front of the Yansan-gu Belel to the front of the same Gu C.

As a result, the Defendant driven a motor vehicle in violation of the prohibition of driving under the influence of alcohol more than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a D K7 car.

The Defendant, while under the influence of alcohol concentration of 0.120% at the time of paragraph (1), driven the said car at a speed that would not be known by the E department store from the iceside room to the E department store surface of the front city, while driving the said car at a speed of 364 lanes in the front city.

At the time, the G k5 car driven by the victim F (F, South and 60 years old) was stopped in the front bank due to the signal signal atmosphere at the time. In such a case, there was a duty of care to prevent accidents, such as the driver of the vehicle, and the driver of the vehicle, by properly manipulating and safely driving the steering gear, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive the vehicle while it is difficult to drive the vehicle normally, and was negligent in driving the vehicle as it is without examining it well, and received the back part of the k5 vehicle as the front part of the vehicle.

Ultimately, the Defendant suffered from the injury of the victim and the victim H (ma, 21 years of age) by occupational negligence, such as salt, tension, etc. of the trend that requires approximately two weeks of medical treatment.

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