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(영문) 대전지방법원 천안지원 2019.05.22 2019고단487
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On October 13, 2006, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act, and a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act, in the support of the Daejeon District Court, Daejeon District Court on March 28, 2007.

1. Around 17:00 on February 21, 2019, the Defendant driven D cargo vehicles from the Do in the front of the Yannam-gu B Center in Yananan-gu to the roads in front of the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yanan-si, Seoul, with a level of alcohol content of at least 0.210%, while under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) is a person engaged in driving a cargo vehicle of one ton;

On February 21, 2019, the Defendant driven the above cargo vehicle under the influence of alcohol, such as Paragraph 1, while driving on February 17, 2019, and driven the road of one lane in front of the south-gu, East-gu, Dong-gu, Seoul at an open speed from the north side of the E elementary school to the north.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to safely drive the steering person by complying with the wheel line, driving the steering gear, and operating the steering gear in a correct manner.

The Defendant was under the influence of alcohol and was driven by the victim F, who was in the middle line due to the negligent negligence, in the middle line, by GMW320 being driven by the victim F, the front side part of the said cargo vehicle.

Ultimately, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol or drugs, the Defendant, by negligence in the course of performing the above duties, sustained injury such as salt, tensions, etc. in each of the above victims and BMW passenger cars to H, who is a partner of the said motor vehicle for about three weeks, and sustained injury such as salt, tensions, etc. in need of approximately two weeks medical treatment to the victim I who is another passenger.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the statement of the executive status of an employee;

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