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(영문) 대전지방법원 천안지원 2020.04.22 2020고단634

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

On November 10, 2016, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, in the support of the Daejeon District Court in the Incheon District Court.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving a B car.

On February 22, 2020, the Defendant driven the said car with the blood alcohol concentration of 0.109% 0.109% around 01:54 on February 22, 2020, and driven the said car along the three-lane road in the West-gu, Western-gu, Western-si C along the two-lane distance of the Statistics Korea.

At that time, the defendant had a duty of care to prevent accidents in advance, such as driving the victim E (52 years old) driving in the same direction and driving the motor vehicle with a duty of care to prevent accidents, such as driving the motor vehicle with a good mind.

The Defendant neglected to do so and found that he was able to drive a horse in a state of difficulty due to influence of drinking, such as a string distance, while driving the body in a state of difficulty due to the influence of drinking, and did not keep the front at a smooth speed, and did not take a sudden action, but did not stop, and received the follow-up of the above vehicle from the front of the above vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s loss of the shoulder and the arms in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in Paragraph 1, and as mentioned above, driven B Liber car while under the influence of alcohol by 0.109% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. A report on the statement of the executive status of an employee;