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(영문) 대전지방법원 천안지원 2017.02.16 2016고단2477

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 13, 2016, the Defendant driven the said car under the influence of alcohol content of 0.115% during blood transfusion 0.19% on September 13, 2016, and made a turn to the left at a speed of about 20 km per hour, depending on one lane from the development intersection to the Hansung apartment, which is located in the 10-west-gu Do Do Do Do Do Do Do Do Do Do Do dong-gu, Seoan-gu, Seoan-gu.

At the same time, there is a cross-section that can turn to the left, so there was a duty of care to check whether a motor vehicle is directly driven on the opposite lane by reducing the speed prior to the left turn and by properly examining the front side, and to drive safely.

Nevertheless, under the influence of alcohol, the Defendant did not go to the left without showing the front side properly, and found the DNA e-mail car driven by the victim C (53 tax) who was straighted under the straight line on the opposite side of the vehicle and operated it late to avoid this. However, the Defendant did not avoid the vehicle, and did not go to the right side of the vehicle of the Defendant, and received the e-mail driver in front of the left side of the vehicle of the Defendant.

Ultimately, the Defendant driven the foregoing vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, and caused the victim E (V, 55 years of age) who boarded the said vehicle to receive approximately two-day medical treatment, such as a fluorum fat, which requires the above C to receive approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry in C and E;

1. Report on the occurrence of a traffic accident, report on the results of crackdown on drinking driving, and entry in the circumstantial report of the driver concerned;

1. Statement and image of a survey report;

1. Entry in the ledger of use of a drinking-free measuring instrument;

1. Each description of each written diagnosis;

1. Application of each video statute of a field map and on-site photograph;

1. Article 148-2 (2) of the Road Traffic Act concerning facts constituting an offense;