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(영문) 대전지방법원천안지원 2020.08.28 2019고단3160

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On August 6, 2018, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) in the Ansan District Court's Ansan Branch on August 6, 2018.

【Criminal Facts】

1. On October 24, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), while driving a B rocketing car with a blood alcohol concentration of 0.191% at around 02:15, and driving it on the front part of the vehicle driven by the Defendant with the front part of the vehicle driven by the Defendant as the front part of the vehicle, which was driven by the victim C (the south, 53 years old) who was under the influence of alcohol and was parked on the front side of the water according to the car-only road of 47 dedicated to the 47 dedicated road of Asan Sinsan-si in Masan-si. In short, the Defendant received the rear part of the said truck as the front part of the vehicle driven by the Defendant.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, suffered from the injury of the said victim, such as salt dump, etc. in need of medical treatment for about two weeks, and from both sides of the victim E (ma, 35 years old), which requires medical treatment for about two weeks in a vehicle driven by the Defendant.

2. Around 02:15 on October 24, 2019, the Defendant driven B rocketing car at the 3km section from the front of a mutually unclaimed restaurant in the Asan City of 0.191% under the influence of alcohol with a blood alcohol concentration of 0.191% to the exclusive road of a car located in the Asan City of 47 km-ro, Asan City of Masan-Eup.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C's statement on the occurrence of traffic accident;

1. Each written diagnosis;

1. Investigation report on the actual condition of a traffic accident, investigation report (accident circumstances), notification on the results of crackdown on drinking driving, statement of the circumstances of a drinking driver, and investigation report;

1. Application of statutes concerning criminal records of foreigners and copies of summary orders;

1. Criminal facts;