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(영문) 대전지방법원 천안지원 2020.04.22 2020고단671

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. The defendant is a person who drives Branchis a motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On February 26, 2020, at around 21:56, the Defendant driven the above vehicle while under the influence of alcohol of 0.131% of alcohol concentration, and proceeded with two lanes in front of D located in Asan City C, Asan City, using two lanes from the surface of the water room to the surface of the negative surface.

In such cases, a driver shall not drive a motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving while keeping the traffic situation of the front side, such as driving of the front vehicle, etc.

The Defendant, under influence of drinking, driven a motor vehicle while driving the motor vehicle in a state where it is difficult for the Defendant to drive the motor vehicle normally, and fK3 vehicle driven by the victim E (the age of 44) who driven the motor vehicle before the Defendant’s vehicle, concealed the back part of the FK3 vehicle into the front part of the Defendant vehicle, and inflicted on the victim E such as salt, tensions, etc. requiring approximately two weeks medical treatment, and suffered injury as to the victim G (the male and the age of 25) who is the passenger of the damaged vehicle for about two weeks.

2. On May 10, 2007, the Defendant received each summary order of a fine of one million won as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court of Daejeon, as well as a fine of one million won for a violation of the Road Traffic Act, from the Daejeon District Court of the Daejeon District on May 23, 2018.

At the date specified in Paragraph 1, the Defendant driven B-low-income car under the influence of alcohol concentration of approximately 2 km from the I cafeteria to the place of the accident described in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. A traffic accident report;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Each written diagnosis;

1. An accident site photograph;

1. Previouss before judgment: Criminal history records;