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(영문) 대전지방법원천안지원 2020.11.27 2020고단2543

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person who drives a car at the horse b.

On August 12, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.212% 0.26% around August 22, 2020, and led the Defendant to drive the said car along the same three-lanes between the four-lanes from the intersection of the playground private distance of 11-3 in the West-gu, Western-gu, Seoan-gu, Seoan-gu.

At the time of the defendant's front-time, DPoter car driven by the victim C(EW, 38 years old) was stopped for the waiting signal, and thus, the driver of the motor vehicle had a duty of care to properly manipulate the brake system and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant did not neglect it and did not operate the operation system properly, and conflict with the back part of the said Pool car with the front part of the said Pool car due to occupational negligence which did not operate the operation system, and due to the shock, the Defendant conflict with the back part of the said Pool car by the victim E (ma, 57 years old) who stopped the said Pool car.

As above, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victims, such as dump dump, tension, etc. for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in C, E, and G;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the traffic accident report, traffic accident report, site and vehicle photograph, 112 report card, notification of the result of the crackdown on drinking driving, report on the situation of drinking drivers, copy of measurement statement, copy of the measurement register, and photographic and visual data to capture images related to the accident;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of running a sound driving);

1. Trade name;