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(영문) 대전지방법원 천안지원 2019.05.30 2019고단657

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of one year and four months.

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

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

On March 10, 2019, at around 18:07, the Defendant driven the above vehicle while under the influence of alcohol of 0.148%, and led to the left-hand turn-hand turn-on of the road in the front of the “D” located in Seoan-gu, Seoan-gu, Seoan City.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by emphasizing the front side and accurately operating the steering and brakes.

Nevertheless, the Defendant, by failing to accurately operate the steering direction and brakes in a state where normal operation is difficult due to influence of drinking, was parked with the front panion part of the said vehicle, which was parked as the front panion part of the said vehicle by negligence and without accurately operating the steering direction and brakes, and was charged with the victim H (ma, 53 years old), who was in the office of a licensed real estate agent office located on the left side of the Defendant’s running direction, and caused the above victim’s injury, such as salt, tension, etc. requiring approximately two weeks of medical treatment.

2. Around 18:07 March 10, 2019, the Defendant was driving a B-learning motor vehicle under the influence of alcohol level of 0.148% at approximately 200 meters in the direction of “D” as stated in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. The actual condition survey report;

1. A medical certificate;

1. CCTV images taken in the office of a licensed real estate agent;

1. Application of the Acts and subordinate statutes concerning a photographic image of a witness's motor vehicle boomor;

1. Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving)