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(영문) 대전지방법원 2018.07.05 2018고단1048
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 12, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven a B-hand car with alcohol concentration of 0.137% in blood around December 22:10, 2017, and led the Defendant to drive a B-hand car with B-hand in the state of under the influence of alcohol concentration of 0.137% in the blood, and proceed to the front of the road located in Geumsan-gun, Chungcheongnam-gun, Geumsan-gun into the surface of the apartment

At the time, since it is night and is in front of apartment houses, the driver of the vehicle has a duty of care to reduce the speed of the vehicle at the time and prevent the accident in advance by driving safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care and neglected to do so on the front bank by negligence, took part of the victim E (26 years) and the victim F (19 years old) who walked in the same direction on the front bank.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victims, such as the state of need for a medical treatment for about two weeks, pelvis, and other parts of sacrife and tension, respectively.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant from the front side of H located in Geumsan-gun G at the temporary border of paragraph 1 to the front side of D in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, with approximately KRW 700m alcohol concentration of blood 0.137%, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the result of crackdown on driving alcohol;

1. Protocols and written statements (E, F);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the relevant Article of the Act on the Punishment, etc. of Specific Crimes and the Selection of Punishment, etc. concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act are applicable;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for choice of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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