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(영문) 대전지방법원천안지원 2020.10.20 2020고단1678

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 a rocketing motor vehicle B.

1. Around 01:50 on June 5, 2020, the Defendant driven the said rocketing vehicle under the influence of alcohol content of about 0.108% at the 3km section from the Do adjacent to the West-gu Seoul Island to the E adjacent road located in the same Gu as the Do adjacent to the same Gu.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving) driven the said rocketing motor vehicle around the time set forth in paragraph (1) and proceeded from the F apartment to G about 83 km in speed by driving the said rocketing motor vehicle, and driving the three lanes adjacent to the E located in Seoan-gu, Seoan-gu. D.

At the time, at night, the restricted speed was set at 40km per hour, and there was a red flickering light, so there was a duty of care to prevent accidents in advance by checking the right and the right and the right of the driver of the vehicle.

Nevertheless, as described in Paragraph 1, the Defendant was negligent in the course of the business of driving a motor vehicle in excess of the restricted speed due to the influence of alcohol such as the remote distance of walking, and caused the victim H(E, 33 years old) driving from the right side of the driving direction to the left side of the motor vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A copy of the traffic accident report (1), report on the occurrence of the accident, report on the situation of the accident, photograph of the scene of the accident, report on the situation of the driver, report on the situation of the driver, report on the investigation, report on the driving of drinking alcohol, notification on the results of the control of drinking alcohol, notification on the completion of correction, and the

1. The Acts and subordinate statutes of a medical certificate.