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(영문) 대전지방법원 천안지원 2019.02.21 2018고단2520
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The defendant is a person engaged in driving a motor vehicle BVS in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On August 30, 2018, the Defendant driven the said car with the blood alcohol concentration of 0.184% 0.184% around August 20, 2018, and driven the said car along the two-lane road in front of the D-do located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yanananan-si.

At the time, there is a night and a three-distance intersection, so in such cases, there was a duty of care to prevent accidents in advance by safely driving the vehicle by safely driving the vehicle, such as checking the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E (Nam, 29 years old) who was stopped to turn to the left at the front by negligence while neglecting the duty at the front time, and was driven by the victim E (Seoul, 29 years old).

In the end, the Defendant suffered from the injury of the victim E and the victim G (ma, 28 years old) by negligence of driving a car in a situation where normal driving is difficult due to the influence of drinking, such as the climatic salt, tension, etc. for about two weeks, respectively.

2. On the date and time set forth in paragraph (1) of the Road Traffic Act, the Defendant driven a NAS car as stated in paragraph (1) of the same Article from the road located in the T-dong, Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si, Seocheon-gu, Seoul to the front road located in D in the Dong-gu, Seoan-gu, Yan-gu, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident site photographs;

1. The former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts under the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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