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(영문) 대전지방법원 천안지원 2020.01.16 2019고단2538

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. Around 00:06 on September 21, 2019, the Defendant driven a Fniboo vehicle under the influence of alcohol leveling 0.145% from a section of about 50 meters from the front of the C Association located in the south-gu Seoul Metropolitan City, Chungcheongnam-gu to the E neighboring road located in D to a level of about 0 meters alcohol leveling to 0.145%.

2. On September 21, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a Fniboo driver car under the influence of alcohol concentration of 0.145% on the roads adjacent to D located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yancheon-gu, Seoul, and driving a Fluboo driver car under the influence of alcohol concentration of 0.145% on the surface of E, and driving

At this point, yellow solid lines are maintained, and the passage of vehicles is a place, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to properly operate the steering system and steering the steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected this and went against the part of the front part of the H X-ray car driven by the victim G (the age of 30) who was driven by the Defendant due to the negligence of the Defendant, which was driven by the victim G (the age of 30).

After all, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as the removal and closure of the head of the right frame, which requires treatment for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report, report on the occurrence of a traffic accident, and photograph of the accident site;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry into the results of the control of drinking driving;

1. Data to cut a black stuffe image;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (3) 2 and 44 (1)