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(영문) 대전지방법원 천안지원 2020.01.16 2019고단2740

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

The Defendant is a person who is engaged in driving horse B.

1. On October 12, 2019, the Defendant: (a) driven the horse urgical vehicle under the influence of alcohol by the blood alcohol concentration of 0.138% from a Do adjacent to the shop in front of the Asan City, Busan Metropolitan City, to the same city air circulation engineer distance; (b) around October 12, 2019.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven a horse above the front side of the car at the time indicated in paragraph (1) and proceeded to turn to the left from the side of D apartment to C apartment at the third line of the street of Asan-si Pungdong Pung-si Pung-si

At this time, the signal is installed, and at night, there was a duty of care to observe the signal and prevent the accident in advance by checking well the right and the right of the driver of the motor vehicle.

Nevertheless, as described in Paragraph 1, the Defendant was negligent in the course of duty, which caused a left-hand turn to the front right-hand signal by driving a motor vehicle while under the influence of alcohol as stated in Paragraph 1, and the front part of the victim E(54 years old) driving or the front part of the other motor vehicle operated by the Defendant in accordance with the new subparagraph in the direction of the Defendant’s proceeding.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry into the results of the control of drinking driving;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Selection of Punishment, etc.