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(영문) 대전지방법원 2017.01.11 2016고단3833

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B halogCC car.

On October 23, 2016, the Defendant driven the said car under the influence of alcohol content of 0.213% among blood transfusions on October 23, 2016, while driving it, and driving the said car at a 0.213%, and driving the four-lane road in the front direction of Daejeon Middle-gu, Daejeon at the direction of the flow distance from the parallel parallel to the direction of the fourth distance from the parallel parallel parallel.

At this point, there is a place where the center line of yellow solid lines is installed as a simple center, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving on the right side of the center line of the road.

Nevertheless, the Defendant neglected to do so while driving so in the left-hand side of the running direction and got off the front part of the F taxi driven by the victim E (64) who was driven by the victim E (64) who was driven by a normal one lane in the margin due to negligence on the left-hand side of the driving direction, as the front part of the car driven by the Defendant.

Ultimately, the Defendant driven a motor vehicle while driving it is difficult to drive the motor vehicle due to influence of alcohol, resulting in injury to the victim G (V, 42 years of age) who was on the back of the said taxi to undergo approximately two-day medical treatment, such as dump dump, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Reporting of a traffic accident (1) (1) and reporting of a traffic accident (2) (2) (2));

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Judgment);

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.