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(영문) 전주지방법원 2019.10.30 2019고단923
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 engaging in driving a B SP car.

On April 5, 2019, at around 23:27, the Defendant driven the said car while under the influence of alcohol with 0.138% of alcohol concentration, and led to the two-lanes of the two-lanes between the two-lanes among the two-lanes in the front city area in the front city.

A person engaged in driving of a motor vehicle shall not operate a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has the duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation, operating the steering and brake system accurately, etc.

Nevertheless, while under the influence of alcohol content of 0.138%, the Defendant did not find out the fact that the victim C (Nam, 23 years old) driven ahead of the same direction two-lanes in the same manner by negligence and did not stop according to the stop signal, and received the part behind the damaged vehicle as the front part of the said vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as the catum cat, which requires medical treatment for about two weeks due to negligence in the course of business, while driving the said motor vehicle normally due to influence of drinking.

2. Around April 23:27, 2019, the Defendant: (a) driven a spke car under the influence of alcohol with a blood alcohol concentration of 0.138% from the 2km section of approximately 2km from the front day of F in Yansan-gu E in the front day of the same Seocho-gu, U.S.-si to the front day of the Seodaemun-dong in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Each written diagnosis;

1. The report on the actual condition of a driver, the report on the circumstantial statement, the report on whether to drive any danger, and the report on the results of the regulation of drinking driving; and

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