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(영문) 대전지방법원 2020.02.20 2019고단3250
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. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act around 14:00 on July 22, 2019, while under the influence of alcohol at 0.210% of alcohol level, the Defendant driven the electric kickboard (on the knick power: 500W) and proceeded to the convenience point on the side of the mountain sloping distance along the Seo-gu, Daejeon-gu.

In this case, there was a duty of care to prevent accidents by accurately manipulating, steering and brakes for those engaged in driving of motor bicycles.

Nevertheless, the Defendant, under the influence of alcohol, was unable to properly operate the steering and brakes, and the Defendant shocked the victim E (V, 29 years of age) who was on the edge of the road due to the negligence of failing to properly operate the steering and brakes, and was faced with the victim E (the 8 months of age after the birth) who was on the back of the same year.

As a result, the Defendant, while driving the said kickboard in a situation where normal driving is difficult due to the influence of drinking, suffered from the injury of the victim D, such as the salt, tension, etc. of the straw, which requires a medical treatment for about two weeks, suffered from the injury of the victim E, such as the two sides and the bid, which require a medical treatment for about two weeks, and at the same time damaged the 690,000 won of the market price.

2. The Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) as stated in paragraph 1, driving the electric kickboard without obtaining a driver’s license under the influence of alcohol 0.210% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1) (2) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1) (Article 1);

1. Each medical certificate, victim E-ray 1.

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