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(영문) 대전지방법원 논산지원 2019.07.23 2019고단251

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car BVS G80

On May 12, 2019, the Defendant driven the above car at around 00:20,00, and led to the front road of the 1373 Additional Public Security Center in order to go from the Yansan to Daejeon.

At night, its location was the place where a private distance intersection is installed, and at the front of the defendant's vehicle, the person engaged in the operation of the racing has a duty of care to live well before and after the vehicle, to accurately manipulate the steering direction and operation system of the racing and to prevent the accident in advance.

Nevertheless, while neglecting the defendant's negligence, the driver's negligence of driving the above vehicle in a state of 0.138% alcohol concentration in blood, caused the driver's license of the victim C (Nam, 38 years old) who was standing in the signal air from the front bank of the defendant to the front section of the driver's license of the victim C(Seoul, 38 years old).

As a result, while driving a motor vehicle under the influence of alcohol, the Defendant suffered injury to the victim, by negligence in the above business, such as acute climatic salt, which requires approximately two weeks of medical treatment, and injury to the victim E (V, 34 years of age) who was on board the said K7 taxi, such as climatic salt, tension, etc. for about three weeks of medical treatment.

2. The Defendant, at the time and place specified in paragraph (1) of the Road Traffic Act, driven the NAS car as stated in paragraph (1) while under the influence of alcohol with a blood alcohol concentration of 0.138%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Notification of the results of drinking control;

1. Each written diagnosis;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.