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(영문) 대전지방법원 천안지원 2019.01.25 2018고단2817

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a car B.

On August 15, 2018, at around 16:30, the Defendant driven the said car while under the influence of alcohol of 0.162% of alcohol concentration, and led to two-lane national highways of the 21-lane 126 km in the Yananannam-gu, Chungcheongnam-gu, Yanananananananan-gu, Sung-gu, Sung-nam, to proceed with two-lanes of national highways from Yananan-gu to 126 km.

At all times, the left-hand length and the speed limit is 80km per hour, so there was a duty of care to prevent accidents in advance by complying with the speed limit and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and neglected to drive a D bus with a speed exceeding 46 km per hour while under the influence of alcohol to the extent that it is difficult for the Defendant to drive a car normally, such as a red and low string distance, and the victim C (the age of 41) who was in the second front line of the vehicle changed to the first line and tried to overtake a D bus with the second front line, and the damaged vehicle failed to keep on the left side direction, etc. for the change of the vehicle, and lost its center due to the negligence that failed to properly operate the play brake system, and received the wheels of the damaged vehicle as the front front line part of the Defendant’s vehicle.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

2. On the same date as paragraph 1 of this Article, the Defendant was driving a B B Dota in the state of alcohol alcohol concentration of approximately 0.162% from the 7km section of approximately 7 km to the national road accident point in Yannam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon-si, Yan-si to the point of accident of national highways No. 21 in Yannam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. C.