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(영문) 대전지방법원 천안지원 2018.05.18 2018고단225

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 December 7, 2017, the Defendant driven the said car under the influence of alcohol content of 0.159% during blood transfusion on December 7, 2017, while driving the said car at a speed of 0.159%, leading the road in front of the instant “D” located in Northern-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, to a speed that would not be known from the right edgeal distance to the right edgeal distance from the right edgeal distance.

In this case, the driver of the vehicle has a duty of care to look at the front side properly and accurately manipulate the steering and brakes so as to prevent the accident in advance.

However, the Defendant neglected this and found the FJ car driven in the same direction before the victim E (56 Do) who is driving in the previous direction due to negligence while neglecting it and neglecting to drive normally in the situation where it is difficult for the Defendant to drive normally due to influence of drinking. In order to avoid this, the Defendant was forced to stop, but the Defendant did not avoid it, and the Defendant’s vehicle driven in the front part of the vehicle.

As a result, the Defendant suffered from the above occupational negligence on the part of the victims G (V, 21 years old), each of whom requires approximately three weeks of treatment, such as salt fat, etc., and on the part of the Defendant, the victim H (V, 21 years old), who was on the part of the Defendant, with approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (20 pages of investigation records);

1. A survey report on actual condition, a statement on the circumstances of the driver at the main place, and an investigation report (a report on the situation of the driver at the main place);

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).