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(영문) 대전지방법원천안지원 2020.10.13 2020고단1619

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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 the person engaged in driving a small passenger car

On May 15, 2020, the Defendant was driving the said car in the direction D from the C apartment direction while under the influence of alcohol concentration of 0.184% at the intersection located in 2240 as Asan City hot spring on May 15, 202.

At the time, there was a vehicle waiting to turn to the left, so in such a case, there was a duty of care to safely drive the vehicle on the front side so as to prevent the accident from shocking with the vehicle on the front side by safely driving it so that the driver is well aware of the front side and the left side and accurately operating the steering wheel and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and did not look well at the front section, brought the back part of the victim E(W, 35 years old) driving which was waiting in the front section, with the front part of the vehicle of the Defendant.

Ultimately, the Defendant driven the Defendant’s car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as salt, tensions, etc. in need of two weeks of medical treatment, injury to the victim G (ma, 10 years of age) boarding the victim E-car in the same manner, such as light chills, tensions, etc. in need of two weeks of medical treatment, and injury to the victim H (V, 8 years of age) in the same vehicle in need of two weeks of medical treatment.

2. Around 15:37 May 15, 2020, the Defendant violated the Road Traffic Act (driving a sound driving) driven a B B B B B B B-type car under the influence of alcohol with a blood alcohol content of 0.184% from the section of approximately 1.9km to the intersection located in 2240 as at the same time as the hot spring in front of the “J” restaurant located in Asan-si I.S. to the intersection located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on traffic accidents;