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(영문) 대전지방법원 홍성지원 2020.01.21 2019고단658
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B K5 automobiles;

On September 4, 2019, the Defendant driven the said car while under the influence of alcohol 0.136% of alcohol level around 12:40, and driven the road front Seocheon-gun, Chungcheongnamcheon-gun, in the direction of D market, at a speed of about 40km per hour in the direction of E from D market direction.

Since there is a hond road without a central line, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle so that it does not conflict with the motor vehicle that is driven by the front left left and right of the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded in as it is, was driven by the victim F (F.M. 67) who was driven in the opposite direction by the Defendant, with the left side of the vehicle of Galburged by the Defendant.

At around 12:50 on September 4, 2019, the Defendant continued to drive the said K5 vehicle beyond the accident site and continued to drive the said K5 vehicle at a speed of about 50km in the direction of the island distance from the direction of the Seocheon-gu, Seocheon-do.

Since there is a hond road where the center line of yellow-ray is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly drive the motor vehicle at the front line and safely drive the motor vehicle in advance to prevent accidents.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving along the center line in the direction of the opposite to the collision by negligence while driving the center line, and the Defendant was driven by the victim I (the 53 years old) who was driving beyond the center line of the damage of the Defendant’s automobile and was driven by the victim I (the 53 years old) on the left side of the vehicle of the Defendant.

Ultimately, the defendant is drinking.

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