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(영문) 대전지방법원 천안지원 2018.07.06 2018고단670

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2018, the Defendant operated a knish-free car with alcohol content of 0.106% in blood with around 23:50 on February 23, 2018, while driving a knish-free car with B low alcohol content of 0.106% in the blood, and is proceeding in front of the D knick-gu knick-gu, Southern-gu, Southern-gu, as a new knish-distance kn

At the time, it was difficult at night and it was an intersection where signal lights are installed on the front side, so in such a case, a person engaged in driving a motor vehicle has a duty of care to see the front side and to prevent accidents by accurately manipulating the brake system.

Nevertheless, the Defendant neglected this and proceeded without properly operating the brakes in the situation where normal driving is difficult due to influence of drinking, and caused the injury to the victim E(30 years) and G(32 years old) by using the front part of the said low-speed car in order to wait for the signal signal at the front part of the said high-speed car. The victim E(s) which stopped in order to get the back part of the driver’s fright-learning car which was parked in the front, and the above fright-learning car was pushed back in the future, and caused the injury to the victim E(30 years old) and G(s) by taking the back part of the victim’s fright-learning car which was parked in the front of the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in G and E;

1. A traffic accident report;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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 62 (1) of the Criminal Act on the suspended execution;

1. The operation of an order to provide community service and attend lectures for the reasons of sentencing Article 62-2 of the Criminal Act shall be made.