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(영문) 대전지방법원 홍성지원 2018.10.31 2018고단610

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. On June 27, 2018, the Defendant was under the influence of alcohol of approximately 0.112% in the section of 7km apartment complex located in the red-gun of Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, for the purpose of drinking alcohol content at approximately 0.12% in the section of 7km and under the influence of alcohol.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was driving a fluorous apartment site near the Yan apartment located in the red school of Hongsung-gun, Hongsung-gun, Hongsung-gun, with alcohol concentration of 0.112% in blood during blood, while under the influence of alcohol, while driving a fluort motor vehicle on the side of the Yan-gu, Chungcheongnam-gun, Hongsung-gun, and making a bypass a bypass.

Since there is a place where a stone is installed between the road and India, the driver of the vehicle has a duty of care to live well in the front and to prevent the accident by properly manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the steering gear properly, and was under the influence of the Defendant’s seat in front of his vehicle.

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to the influence of alcohol, was injured by the victim C (25 years) who was on the top of the operation of the said car and was accompanied by the injury of the victim C (25 years) due to the damage of the water.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Notification (A) of the results of the crackdown on the driving of alcohol and a statement in the circumstances of the driver;

1. A report on investigation (related to a motor vehicle boom);

1. The application of medical certificates (C) and investigation reports (verification of the degree of injury to the victim - Attachment of medical response data to the person in charge), the application of statutes on medical response data to the person in charge

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a motor vehicle) concerning the same offense;

1.Each.