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(영문) 대전지방법원 천안지원 2017.08.25 2017고단697
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 with the highest risk driving in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On February 24, 2017, the Defendant driven the above vehicle in a state that it is difficult to drive normally due to the influence of alcohol that reaches 0.181% of alcohol during blood transfusions, and proceeded with the 2358 detailed underground roadways of the 2358 city, Asan City, according to Asan City's hot spring, along with the two laness of the 3-lanes of the Do, from the breath of the breath of the breath of the 2017.

In such cases, the defendant engaged in driving service has a duty of care to drive safely by accurately operating the steering system, brakes, and other devices of the vehicle.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 그대로 진행한 과실로 같은 차로를 선행하고 있던 피해자 C(55 세) 이 운전하는 D 마이 티 화물차량 후미를 전면 부분으로 들이받은 다음, 계속하여 위 지하 차도 중앙 벽을 충격하였고 다시 튕기면서 우측 벽을 들이 받았다.

Defendant 1 suffered injury to the victim by negligence in the course of performing the above duties, such as salt panion in the part of the revolving the revolving that requires approximately three weeks of medical treatment.

2. On February 24, 2017, the Defendant: (a) driven an automobile with the highest alcohol level of about 0.181% alcohol level from the 5km section of the blood alcohol level to the front road of the road located in the new-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (breath) around 23:24 on February 24, 2017; and (c) the Defendant driven the vehicle with the highest alcohol level of about 0.181% under the influence of alcohol level

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to the traffic accident report, report on the detection of the driver at home, report on the circumstances of the driver at home, on the scene of accident, and medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.

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