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(영문) 전주지방법원 군산지원 2020.02.05 2019고단1467
특정범죄가중처벌등에관한법률위반(위험운전치상)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

On March 17, 2016, the Defendant was issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in the Jeonju District Court's Military mountain support.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is engaged in driving a car BM520. On October 6, 2019, the Defendant driven the said car at around 14:45, while driving it on the same day before the “D” in the Gunsan City C with a blood alcohol concentration of 0.139%, while driving it on the side of the road in which it is difficult for the Defendant to drive it normally, and driving it directly from the direction of the transportation history distance under the condition that it is difficult for the Defendant to drive it.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to reduce speed and keep the front door well and to accurately operate the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, as a result of the Defendant’s negligence of driving a vehicle by neglecting this due to the Defendant’s negligence, the Defendant suffered from the injury, such as the victim F (n.e., 43 years old), driving Goldo, which was standing in the red signal at the front of the front line, by shocking the part of the front panion part of the Defendant’s vehicle, where approximately two weeks of treatment is required for the victim’s vehicle, and the victim H(H9 years old) who took advantage of the damaged vehicle for about two weeks of treatment.

As a result, the Defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to people.

2. Violation of the Road Traffic Act (MM520 vehicle) was driven by the Defendant at a section of about 1 km from the 1km to the first road from the Sinsan-dong, Seognam-dong, Sinsan-si, Sinsan-si, under the influence of alcohol content 0.139% of the blood alcohol concentration during the temporary border of paragraph (1).

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The statement by the police of F. F. The statement

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