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(영문) 대전지방법원 공주지원 2020.01.10 2019고단391

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 12, 2001, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) in the official support of the Daejeon District Court Daejeon District Court on April 28, 2008, and was sentenced to a summary order of two million won for the same crime by the same court on April 28, 2008, and by the same court on October 31, 2008.

Nevertheless, around 00:47 September 7, 2019, the Defendant violated the provision on prohibition of drinking driving twice or more by driving D QM5 automobiles under the influence of alcohol concentration 0.148% from the 17km section from the front of the “C” road located in Seosan-si B to the national highways of No. 23 meters in Jinju-si.

2. On September 7, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven D QM5 automobiles with blood alcohol concentration of 0.148%, and driven D QM5 automobiles into the first lane in the direction of the astronomical zone in the direction of the mountain.

At the time, there is a night and a place where the center line of the yellow real line is installed, so the driver of the motor vehicle has a duty of care to thoroughly see the front line and to proceed to the right side of the center line.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was in the front part of QM5 automobiles by the victim E(24 years old) driving in the direction of the first road in the direction of the mountain.

After all, the Defendant driven QM5 car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury, such as knee-free knee-tying and elbbowing elbows, etc., by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents (1, 2, and actual survey report);

1. Notification of the control of drinking driving;

1. A medical certificate;

1. On-site photographs, accident video CDs 1.