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(영문) 대전지방법원 천안지원 2017.04.21 2017고단387

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the operation of Lone Star in the Grand Cross in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On January 17, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.196% during blood transfusion 0.17:00, and continued to proceed to the Convention Center on the right side of the two-lanes in front of the 245 BMW car store, as it is for the two-lanes of the 245 BMW store in the north-gu, Seoan-gu.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the right on the front side and accurately manipulating the steering direction, brakes, etc. of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop in the front of the Defendant, and neglected to stop in the front of the Defendant, thereby resulting in the Defendant’s failure to stop in the front of the signal signal. The lower part of the Defendant’s driving of the Drack drive D (Woo, 42 years old) on the right part of the Defendant’s driver’s license, which was the front part of the Defendant’s driver’s license.

As a result, the Defendant driven the above vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (V) who was on board the damaged vehicle, such as salt, tension, etc. in the part of the three-day medical treatment, and the injury to the victim E (V, 42 years of age) who was on board the damaged vehicle, for about two weeks of medical treatment.

2. On January 17, 2017, the Defendant was under the influence of alcohol content of 0.196% during blood transfusion around 17:00, the Defendant driven Bland Lone Star Cargo at the 3km section from the roads north-gu, YW car exhibition to the roads indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report (1)/ (2).