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(영문) 대전지방법원 천안지원 2017.02.03 2016고단2392
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in the business of driving Cone Star Cargo Vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 28, 2016, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.126% during blood transfusions on October 28, 2016, while driving the foregoing vehicle, and proceeded at a low speed of 0.126% at the west-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, with a flown distance of 96, from the west-gu, Seoan-gu.

At the time, the vehicle is at night, and there is a place so that it can turn to the left at the time of the straight-line signal, and in such a case, there was a duty of care to confirm whether the vehicle is coming from the straight-line signals, and to prevent accidents by left-hand turn when the vehicle is not loaded.

Nevertheless, the Defendant neglected this and had the victim go beyond the ground by taking the front part of the EV125 wheeled Vehicle driven by the victim D(57 years old) who was working in a tent and long distance room in accordance with the straight line due to negligence in which the Defendant was negligent and did not properly see the front part of the Defendant’s vehicle.

As a result, the defendant driving the above cargo in a situation where normal driving is difficult due to the influence of drinking, resulting in the victim's injury to the upper part of the 5-day water tank, which requires about 8 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a motor vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.126% in blood, from the 50-meter section from the west-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the west-si distance from the west-gu, Sungdong-gu's Sungdong-dong to the west-dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, an investigation report on actual condition, a copy of the ledger for the use of drinking instruments, and a statement report on the situation of a driver who takes driving;

1. A medical certificate;

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