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(영문) 대전지방법원 서산지원 2019.08.14 2019고단418

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. The defendant is a person who is engaged in driving a cargo vehicle B1 ton of a cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On April 13, 2019, at around 17:00, the Defendant, while driving the above vehicle on the front side of the Hanjin-si in a state that it is difficult to drive normally due to the alcohol of 0.325% of the blood alcohol concentration, was changed to the two-lanes while driving the vehicle in front of the Hanjin-si, and driving the vehicle along the one-lane in the direction of Hanjin-do in the Han Man Park Park at the same time.

In such a case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and in the event of a change of the lane, the person was notified of the change of the direction by hand or direction direction, etc. in advance, and there was a duty of care to make a change of the lane well-being the traffic situation before and after the change of the lane, the defendant neglected to do so while under the influence of alcohol, and caused the difference between the left-hand side of the victim D(62 years old) driving, which was proceeding along the two lanes due to the change of the lane as it was, by the negligence of changing the lane.

As a result, the Defendant suffered injury to the victim D, such as saved salt in need of medical treatment for about two weeks due to occupational negligence as above, and injury to the victim F (54 years old) who was on board the damaged vehicle, such as saved salt in need of medical treatment for about two weeks.

2. Around 17:00 on April 13, 2019, the Defendant driven B1 ton cargo vehicles from the front side of H located in G in G in the Si of Jin-si to the front road in the Si of Jin-si, while under the influence of alcohol at a 0.325% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report, the report on the circumstantial statement of a drinking driver, the investigation report (the report on the circumstances of the drinking driver), and the report on blood alcohol appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes