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(영문) 대전지방법원천안지원 2020.10.19 2020고단2156
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 January 26, 2015, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) from the Daejeon District Court on January 26, 2015 and received a summary order of KRW 5 million for a violation of Article 44(1) of the Road Traffic Act.

【Criminal Facts】

1. A person who is engaged in driving a cargo vehicle B and III in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On July 31, 2020, at around 14:03, the Defendant driven the above cargo while under the influence of alcohol with 0.09% of alcohol concentration 0.09%, and proceeded with the front road in Asan City C from the boundary of the distance in Eup to the sular distance.

Since there is a road in which the center line of yellow-ray is installed, there was a duty of care to prevent accidents, such as making a person engaged in driving a motor vehicle well see the front line and the right and the right and the right and the right and the right and the well-being of the running lane, etc.

Nevertheless, the Defendant added the horses to rhythm, the walking state is unfolded, and the blood is difficult to drive normally due to influence of drinking, such as red, and neglected to do so, and the victim E (Nam, 57 years old) who was fwing at the center line of the yellow-ray and mashed the front side of the F-wing and third cargo vehicle driven by the Defendant, and the upper left side of the cargo vehicle Ⅲ in front of the left side of the Defendant’s wing and third cargo vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in an acute tension that requires medical treatment for about two weeks due to such occupational negligence.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant on at least two occasions at the 4.8km section, where the blood alcohol concentration is 0.09% under the influence of alcohol, from the cryp vehicle in the vicinity of sperm trees located in an Asan City in an Asan City, to the front road in the D in an Asan City, from the date and time under the said paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of statement to E by the police;

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