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(영문) 대전지방법원 천안지원 2018.11.02 2018고단2006

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 also a person who is engaged in driving a cargo vehicle B.

On June 20, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.223% in blood around 23:00, while driving the above vehicle, and proceeded ahead of it to the south-dong intersection in the south of Asia-si, the other side of the road of the national highway No. 43 to the south-dong intersection.

At the time, a person engaged in driving of a motor vehicle at night shall not drive a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by operating the motor vehicle safely, such as taking the front side and its surroundings well, and accurately operating the steering wheel and brake system.

However, Defendant 1 neglected to do so and neglected to do so and neglected to do so on the front bank by negligence, caused the chain drilling of the E-driving car in front of the Defendant’s vehicle, following the victim C(42 ) driving while waiting in the front bank, and the part behind the freight vehicle, resulting in the chain drilling of the E-driving car in front of the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as the salt, tension, etc. of the shoulder pipe which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. A medical certificate;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 of the Criminal Act for mitigation of amount;