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(영문) 대전지방법원천안지원 2020.10.19 2020고단2152
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 8, 2015, the Defendant received a summary order of a fine of KRW 1.5 million from the Cheongju District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and has a record of violating Article 44(1) of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B K5 automobiles;

On August 4, 2020, at around 23:30, the Defendant, while under the influence of alcohol with 0.158% of blood alcohol concentration, proceeded with the national highways No. 43, which are 44-1 in the gyptop gyp gypto, in the state of being drunk.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents, such as taking the front door and left door well, accurately operating the operation and steering gear, etc.

Nevertheless, the Defendant: (a) neglected to drive normally due to the influence of drinking, such as a large red and so on; and (b) neglected to do so while driving normally due to the influence of drinking; and (c) led the victim C (Nam, 57 years of age) who is driving in the same direction at the bend of the bend of the bend of the bend of the vehicle of the Korea mpic freezing, which was driven by the victim C (C) who was driving in the same direction in the bend of the bend of the car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

2. Violation of the Road Traffic Act (driving) driving of BK 5 vehicles under the influence of alcohol on at least two occasions from the 5km section to the 43th national highways located in Asan-si water supply and control road near Asan-si at the time and time as stated in the above paragraph (1) to the 43rd national highways located in Asan-si, Ansan-si, the Defendant driven the BK 5 vehicles under the influence of alcohol content of 0.158%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of a traffic accident prepared C;

1. A medical certificate;

1. The scene of the accident, the photo of the skin, and the shock of the damaged vehicle;

1. Exemplary drivers;

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