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(영문) 대전지방법원 2019.07.10 2019고단1643
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B.

On March 3, 2019, the Defendant driven the said vehicle without a driver's license while under the influence of alcohol of 0.186% with blood alcohol concentration at 0.14:00 on March 3, 2019, while driving the said vehicle along the three-lanes of Dr or the three-lanes in front of the Daejeon Seo-gu Daejeon Metropolitan City C along the three-lanes in front of the road inside the Eup/Myeon of the Eup/Myeon. The Defendant changed the course to the two-lanes.

In such cases, the driver of a motor vehicle has a duty of care to prevent the occurrence of accidents by safely changing the course by examining the front side and the left side of the motor vehicle.

Nevertheless, the Defendant suffered from the injury to the victim E (the 52-year old) of the FF car driven by the victim E (the 52-year old) who had been driving in the two-lane course due to the influence of drinking while normal driving is difficult due to the influence of drinking, by taking the back part of the FF car driven by the victim E (the 52-year old) with the front part of the Defendant's vehicle as the front part of the said vehicle, for about two weeks of medical treatment, such as catitiss and tensions which require approximately two weeks of medical treatment, the injury to the victim G (the 52-year old) who was taking advantage of the victim E-car, such as catitiss and tensions which require approximately two weeks of medical treatment, and the injury to the victim H (the 23-year old) who was taking advantage of the victim E-car, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports and photographs on the occurrence of a traffic accident;

1. On-going statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Each internal investigation report and diagnosis report;

1. Application of the statutes on the register of driver's licenses;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2(2)2, and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 152 subparag. 1, and Article 152 of the Road Traffic Act concerning criminal facts.

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