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(영문) 대전지방법원 천안지원 2018.11.30 2018고단2659
도로교통법위반(음주운전)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. On October 19, 2018, the Defendant was under the influence of alcohol at around 01:05, the Defendant driven a B rocketing car at approximately 2km from the 2km section to the front road of the Geum-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Yan-gu, in the state of alcohol concentration of 0.139%.

2. The Defendant is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On October 19, 2018, as described in paragraph 1 of around 01:05, the Defendant, while under the influence of alcohol, proceeded with the road of six lanes in the north-gu, west-gu, west-gu, west-gu, Seoan-si along four lanes from the shooting distance to the sports range.

In this case, a person engaged in driving of a motor vehicle has a duty of care to maintain the safety distance with the motor vehicle in front, follow the right and the right of the motor vehicle in front, and to prevent the traffic accident by accurately manipulating the brakes and steering gear.

However, under the influence of alcohol, the Defendant found the victim E (29 years old) who stops at the front of the train due to negligence, and immediately discovered the F-wing and cargo vehicle in front of the said rocketing passenger vehicle, and received the part behind the said cargo vehicle.

Accordingly, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt pans, tensions, etc., which requires approximately two weeks of medical treatment, and suffered injury to the victim G (29 years of age) who is the passenger of the said cargo vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on traffic accidents and a survey report on actual condition;

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

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act.

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