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(영문) 대전지방법원 2017.06.21 2016고단4599

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On August 17, 2016, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act: (a) while under the influence of alcohol at around 04:45 on August 17, 2016, the Defendant driven a rash car with a alcohol content of 0.141%; (b) led the Defendant to turn to the right at the intersection of the lux building in front of the lux building that is located at the Daejeon Peong-gu University University, Daejeon-gu University.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to turn to the left in the right side of the Defendant’s vehicle while under the influence of alcohol and received the front side of the victim D(63 ) driving Ebasi in the direction of the right side of the Defendant’s vehicle, who was immediately left at a speed exceeding 21 km in accordance with the signals, from the right side of the Defendant.

Ultimately, the Defendant, while driving the said car under the influence of alcohol that is difficult to drive in a normal manner, sustained injury such as satisf, etc. on the bones of wood, which requires approximately three weeks of medical treatment to the said victim D, injury to the victim F (F, 20 years of age), which is the passenger of the said taxi, and G (F, 20 years of age), which requires approximately two weeks of medical treatment to the said passenger, and injury to the victim H (P, 21 years of age) who is the same passenger, such as satf, etc., of the left-hand satf, which requires approximately eight weeks of medical treatment. The Defendant damaged the said taxi to the extent that the market non-repair cost is sufficient.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a rash car while under the influence of alcohol with 0.141% alcohol concentration in blood at the time, place, and place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Each police statement concerning G and F;

1. A H statement;

1. Each written diagnosis;

1. Written estimate;

1. Each of the Acts and subordinate statutes shall report the investigation.