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(영문) 대전지방법원 천안지원 2018.09.20 2018고단1903

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 16, 2018, the Defendant was under the influence of alcohol leveling 0.165% among the blood transfusion around 23:40 on March 16, 2018, the Defendant driven a B-tem motor vehicle from the 3km section of approximately 3km to the gallony department distance from the commercial unclaimed restaurant in the south-gu New-dong, Seoan-gu, Seoan-gu, Seoan-si to the gallonian department store distance.

2. The Defendant is a person engaged in driving a vehicle for getting on board Btete in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 16, 2018, the Defendant, while under the influence of alcohol, was driving the said car at a speed of the speed under the speed of speed, from the intersection to the intersection of the original shape of the road of five-lane gallonian department distance at the gallonian department in Seo-gu, Seoan-gu, Seoan-gu.

At the time, there was a duty of care to prevent accidents by emphasizing the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care for those engaged in driving motor vehicles at night.

Nevertheless, the Defendant, while being unable to drive normally while under the influence of alcohol, was negligent in neglecting the above duty of care and was under the influence of the victim C(47 years) running in the front section of the DST5 car, and the lower part of the DST5 car was under the front part of the DST car.

As a result, the Defendant driven a motor vehicle under the influence of alcohol or drugs that it is difficult for the Defendant to drive the motor vehicle normally, and suffered bodily injury, such as dump, tensions, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

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. 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 concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 of the Road Traffic Act.