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(영문) 대전지방법원 2019.08.29 2019고단1777
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

[criminal power] On March 11, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine for a violation of the Road Traffic Act at the Daejeon District Court on February 20, 2012, respectively.

【Criminal Facts】

The Defendant is a person who is engaged in driving a K5-car.

On May 13, 2019, at around 22:00, the Defendant was under the influence of alcohol of 0.162% of blood alcohol concentration, and the Defendant was under the influence of 0.162% of the roads in front of the Daejeon Pungdong C, from the sloping basin to the sloping basin, the Defendant was under the influence of the roads in front of the Daejeon Pungdong C at the right angle of three lanes,

At the time, at night and the above place was installed with signal apparatus at the front door, so in this case, the person engaged in driving of a motor vehicle had a duty of care to look well at the front door and to check whether the motor vehicle is parked in the atmosphere and to proceed safely.

As above, the Defendant was negligent in neglecting the duty of an front-time driver under the influence of drinking, such as walking with a string of red and snow, and due to the influence of drinking, and due to the negligence of neglecting the duty of a front-time driver under the influence of drinking, which led to the stop signal on the front-hand side of the Defendant’s running route, and received the back-hand part of the FF car driven driven by the victim E (V, 47 years old) as the front-hand part of the Defendant’s driving vehicle.

The Defendant suffered from the injury of light salt, etc., which requires medical treatment for about three weeks, due to the influence of alcohol, in a state where normal driving is difficult due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to any report on occurrence, actual condition survey, photograph, circumstantial statement of a host driver, and medical certificate;

1. Relevant laws concerning criminal facts, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and the former Road Traffic Act.

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