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(영문) 대전지방법원 천안지원 2017.09.28 2017고단1340

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant is a person who is engaged in driving a vehicle CK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 13, 2017, the Defendant driven the said vehicle while under the influence of alcohol level of 0.187% in the direction of the 0.187% from blood alcohol level in the direction of the roadside in the direction of the road north-gu, south-gu, Seoul Special Metropolitan City, at the intersection of the datum of the road that is located in the original border of the south-gu, Seoul Special Metropolitan City, the Defendant driven the said vehicle at a non-speed speed according to the first lane.

At night, at the time of the defendant's proceeding, the E-be cruise car driven by the victim D (34 tax) was parked in the signal atmosphere at the front of the defendant's proceeding direction. In such a case, the driver has a duty of care to prevent the accident in advance by driving safely, such as reducing speed, driving on the front line, and accurately manipulating the steering and operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected the duty of care on the front side while neglecting it, and was negligent in proceeding as it is, and received the back part of the victim vehicle as part of the front part of the Defendant vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven C K3 cars while under the influence of alcohol with 0.187% alcohol concentration in blood at the time and place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.