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(영문) 대전지방법원 천안지원 2018.05.04 2018고단269

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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 B or a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 11, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.123% during blood transfusions, and proceeded with the intersection of the height distance of three-lanes in the south East-gu, East-gu, Seoan-gu, Seoan-gu, by a three-lane long-distance elevation from the datum point of view.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as driving the motor vehicle at a clean mind, keeping the front door and left door well, accurately operating the steering gear and brake system, etc.

However, Defendant C (38)’s driving of the Victim C (38 S) driving vehicle that was driven at the three-lanes in the front bank due to negligence, while under the influence of alcohol as seen above, was found late, and operated rapidly, but the above SP motor vehicle was not operated, and the above SP motor vehicle was driven at the front part of the aforesaid BV or the vehicle.

As a result, the defendant driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered bodily injury, such as double mouths, which require approximately four weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) around the same time and time as paragraph (1) of this Article, the Defendant driven Bbee or car under the influence of alcohol concentration of about 0.123% at the section of about 2km from the 3-lane distance intersection in the south-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City, to the non-cafeteria-dong community center near the Southern-dong Community Center to the high-speed distance intersection of the Do 3-lane in the south-gu, Chungcheongnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident statement;

1. A survey report on actual condition, a report on occurrence (such as photograph, etc.), a statement on the situation of the driver at the main place, and an investigation report;

1. Notification of the results of regulating drinking driving;

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

1. Relevant provisions of the Act concerning facts constituting an offense;