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(영문) 대전지방법원 천안지원 2018.11.19 2018고단1779

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On June 24, 2018, the Defendant driven the foregoing vehicle under the influence of 0.142% alcohol during blood alcohol during the influence of around 00:25, while driving the vehicle at a speed of 0.142%, the Defendant proceeded at a speed of 339 km away from one lane in the direction of Seoul in the south-gu, Southern-gu, Seoan-gu.

At the time, at night and at all times, a charge suit was established in the direction of the Seoul Metropolitan City on the highway, so in such a case, there was a duty of care to prevent accidents by thoroughly examining the progress of other vehicles preparing for entering a charge suit and accurately manipulating the steering gear and operating the steering gear to prevent accidents.

Nevertheless, the Defendant neglected to do so due to the influence of drinking, and negligently driven by the Defendant at the front part of the foregoing vehicle driven by the Defendant, which was driven by the victim C (52) who was driven by the Defendant at the front section of the said vehicle (52) and was driving in the front section of the said vehicle, suffered from the injury such as salt, tension, etc. of the race of the border that requires approximately three weeks of treatment to the said victim due to the shock, and suffered from the injury such as salt, tension, tension, etc. of the front part of the border that requires approximately two weeks of treatment to the victim E (the passenger of the said vehicle, 48 years of age) who is the passenger of the said vehicle.

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

2. On June 24, 2018, the Defendant was under the influence of the alcohol level of 0.142% among bloods around 00:25, the Defendant driven B SP car at the section of about 70 km from the Daejeon High Station on the Highway to the point of 339 km in the Southern-gu, Southern-gu, Chungcheongnam-dong Seoul Metropolitan City.

(i) the evidence;