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(영문) 대전지방법원천안지원 2020.10.13 2020고단1589

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 engaged in driving cars BM3

On June 8, 2020, the Defendant driven the said car while under the influence of alcohol of 0.248% of blood alcohol concentration around 23:00, while driving the said car, and driving the 185 string distance in the West-gu, Seoan-gu, Seoan-gu, Seoan-gu, in the direction of both sides, straighten distance.

At the same time, there are nights and vehicles in the opposite line according to normal signal, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving the vehicle in the opposite line so that it does not compromise with the vehicle that is driven on the opposite line, by accurately manipulating the steering wheel and brake system.

Nevertheless, the Defendant neglected to stop so under the influence of alcohol and did not stop, but did not turn to the left at the opposite line due to the negligence that is progress without stopping, and the victim C(W, 32 years old)'s driving. Dhyp-to-hand, the front door and the blurd part of the Defendant's car.

As a result, 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 C, such as salt, tensions, etc. of a horse that requires treatment for about two weeks, and suffered injury to the victim E (ma, 28 years old) who is on board the victim C’s car for about two weeks.

2. Around 23:00 on June 8, 2020, the Defendant driven a BM3 car under the influence of alcohol content of about 0.248% in a section of about 7km from the front of the G road located in the ASEAN-si, Yan-si to the front of the salary distance located in 185, Seoan-gu, Seoan-gu, Seoan-si.

Summary of Evidence

1. The defendant;