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(영문) 대전지방법원 논산지원 2019.10.22 2019고단398

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 B franchise XG car;

On August 8, 2019, the Defendant, at around 17:15, proceeded from C to D from the direction of the 39th mountain area, the 39th mountain area, the YYYYYYYYYYYYYYYYYY.

The location is a place where a private street crossing is installed, and the vehicle stops due to the vehicle signal at the time. In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the front and rear left, and accurately manipulating the steering and brake system for the driver of the vehicle.

Nevertheless, while under the influence of 0.127% of blood alcohol content, the Defendant neglected this, and caused the Defendant’s fK3 car’s front part of the Defendant’s f-3 car driving, which was stopped in accordance with the signal signal order behind the Defendant’s moving direction, to the front part of the Defendant’s f-W3 car.

As a result, while driving a motor vehicle under the influence of alcohol, the Defendant suffered injury to the victim E by negligence in the course of driving the motor vehicle while driving the motor vehicle for about two weeks, such as light fluoral dum, which requires treatment for about two weeks, and injury to the victim G (50 years of age) who was boarding the said K3 motor vehicle, such as light fluoral dumal dume, which requires treatment for about two weeks.

2. The Defendant was under the influence of alcohol concentration of 0.127% at the time and place specified in the above Paragraph (1) of the Road Traffic Act, and driving a franchise XG car as stated in the above Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Each written diagnosis;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime committed;

1. The Commercial Concurrent Crimes Act.