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(영문) 대전지방법원 천안지원 2019.11.28 2019고단2485

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

1. From August 25, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a Dra car in front of the “C” located in Western-gu, Western-gu, Seoan-si, Seocheon-si, Seoan-si, with a blood alcohol concentration of 0.17%, and proceeded at a speed that is impossible to be known in the direction of spreading along the intersection.

At this point, there is a center line of yellow-ray, so in this case, a person engaged in driving a motor vehicle has a duty of care to live well before the center and to operate the brake safely by properly manipulating the brake system.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and was in the front part of the Fpoter 2 freight driven by the victim E (Nam, 63 years old) who was straighted in the opposite lane due to the negligence of fluening the center line of the yellow-line line installed there, and received the front part of the said racing vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as light dump, which requires approximately two weeks of treatment, to the victim.

2. Around 15:40 on August 25, 2019, the Defendant: (a) driven a Radon car with a blood alcohol concentration of about 0.177% from the section of about 300 meters from the H’s front side in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Incheon to the front road in Seoan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Medical certificates (E);

1. Application of statutes on site photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the choice

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act;