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(영문) 대전지방법원 2020.04.03 2019고단4943

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

The defendant is a person who is engaged in driving a B car.

On October 10, 2019, at around 23:25, the Defendant driven the said car with a view to getting into the said road again, when it is difficult to drive the said vehicle normally and with a view to 0.130% alcohol level 0.130% of the blood alcohol level, and driving the vehicle on the two-lane road in front of the Sejong C from the Na-dong to the Geumnam-do.

At the time, there was a vehicle operating on the road at night, and thus, there was a duty of care to prevent the accident of driving in advance, such as moving down the vehicle to a person engaged in driving on the road and moving down the vehicle in the road not to interfere with the vehicle in operation on the road.

Nevertheless, the Defendant neglected this and neglected to perform the duty of aftermath of alcohol and neglected the duty of aftermath of alcohol, and instead neglected the part of the victim D (M, 38 years old) who was operating normally on the first lane of the above road, which led to the Defendant’s vehicle back to the upper part.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as tensions, tensions, etc. in need of medical treatment for about two weeks, and the injury to the victim F (the 47 years of age) who is the passenger of the victimized vehicle, such as dump, tensions, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.