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(영문) 대전지방법원천안지원 2020.09.23 2020고단1951

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 in B.

On April 21, 2020, at around 20:40, the Defendant driven the said car parked in front of the DNA alcohol house operated by the Defendant located in the Western-gu Northern-si C while under the influence of alcohol of 0.091% of the blood alcohol concentration of 0.091%.

At the same time, there are a narrow side where there are many vehicles passing through such a road. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by driving the motor vehicle, such as making the front door and left door well, operating the steering wheel and brake system accurately.

The Defendant, while under the influence of alcohol, neglected to do so and proceeded in the same direction, brought the right side of the victim FF (year 51) G K7 taxi driving in the same direction into the front side of the Defendant’s car.

Ultimately, the Defendant driven the Defendant’s car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. Around 20:40 on April 21, 2020, the Defendant driven a B Sti-type car under the influence of alcohol with a blood alcohol concentration of 0.091% at a section of approximately one meter prior to the D drinking house located in Western-gu, Seo-gu, Western-si C.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reports on traffic accidents (1) and (2) on actual condition investigation and reports on the occurrence of traffic accidents;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. A medical certificate;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) and Article 5-11 of the former Specific Crimes (amended by Act No. 1692 of Feb. 4, 2020)