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(영문) 대전지방법원 서산지원 2019.09.18 2019고단545

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a B K7 vehicle;

On March 4, 2019, the Defendant, at around 23:29, driven the above vehicle at the 1st century, which is difficult to drive normally due to the influence of alcohol by 0.146% of blood alcohol concentration, and proceeded in Seoul in the direction of Seoul at the right angle, while driving the vehicle from the second lane to the third lane.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and when it is likely to impede the normal passage of another motor vehicle in the direction of changing the front, rear, and left and right after the change of the motor vehicle, the course shall not be changed, and there was a duty of care to safely drive the motor vehicle, such as notifying the direction change in advance and accurately operating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to change the vehicle line, and led the victim C(52 years old) to normally drive in three lanes due to the negligence of changing the vehicle line, and led the victim C(52 years old) to the front part of the vehicle.

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

2. Around March 23, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driven the B K7 car at a section of about 20 km from the front road located in Sinjin-si, Sinjin-si, the speed of alcohol 0.146%, while under the influence of alcohol around March 4, 2019, to the upstream of the coast Highway, the Defendant driven the B K7 car at a section of about 20 km.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report, report on the occurrence of traffic accidents, and on-site photographs;

1. Notification of the results of the drinking driving control;