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(영문) 대전지방법원 2016.10.13 2016고단2581

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

The defendant is a person who is engaged in driving of Chump X-D motor vehicles.

On July 15, 2016, the Defendant driven the said car while under the influence of alcohol of 0.256% with a blood alcohol concentration of 17:33 on July 15, 2016, and led the two-lanes of 3-lanes in front of the Daejeon Pene-dong 601 U.S. Sinsi-dong, Seosan-dong.

In such cases, the driver has a duty of care to care in advance to prevent accidents by accurately operating and safely operating the steering wheel and brakes well, and driving the steering wheel and brakes.

Nevertheless, the Defendant was negligent in neglecting to drive under normal conditions due to influence of drinking, while driving in a state where normal driving is difficult due to the influence of drinking, and the part of the victim D(W, 29 years old) who was stopping at the front of the Defendant’s car in accordance with the new code was driven by the Defendant’s vehicle behind the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle while under the influence of alcohol, and driven a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of alcohol, and suffered bodily injury, such as salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition of traffic;

1. Inquiry into the result of the crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Investigation reports (investigation into failure to submit a victim's statement, etc.);

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as photographs of accident sites;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes relating to the Crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant is waiting to commit the crime of this case and is against the defendant, and that the defendant is waiting to commit the crime of this case on November 2002.