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(영문) 대전지방법원 천안지원 2018.10.29 2018고단764
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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. The Defendant is a person who is engaged in driving a vehicle B K7 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On January 19, 2018, the Defendant driven the above vehicle while under the influence of alcohol level of 0.167% from the blood alcohol level around 19:40 on January 19, 2018, and proceeded along the four-lane road in Northern-gu, Seoan City, Seoan-gu, Seoan-gu, along the two-lanes from the bank of the astronomical high school.

In such cases, a driver of a motor vehicle has a duty of care to report the traffic situation on the front side well, accurately manipulates the steering gear, etc., to maintain the distance from the motor vehicle to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcoholed by the victim E ( South, 25 years old) who was waiting for a signal signal at the front of the Defendant, and was under the influence of the Defendant’s vehicle, followed the Fststren car and then was under the influence of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the victim’s dump and tension in need of medical treatment for about two weeks.

2. On January 19, 2018, the Defendant driven a vehicle specified in the above paragraph (1) while under the influence of alcohol leveling 0.167% from the section of about 10km from the 10km to the road in front of the West-gu, west-gu, Yan-si, Yan-si, in the direction of around 19:40 on January 19, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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