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(영문) 대전지방법원 공주지원 2020.01.10 2019고단443
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On September 19, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a B-II cargo vehicle with blood alcohol concentration of 0.191%, while under the influence of alcohol level around 10:37, and led the Defendant to drive the B-II cargo vehicle with three lanes in front of D-C in the official city C from the direction of the river distance along one lane in the direction of the direction of the river distance.

At the time, in the front of the defendant, the Fststy car driven by the victim E (the 49-year-old) was under the influence of the body due to the body of the vehicle while driving along the first lane, so there was a duty of care to thoroughly see the front door, maintain the safety distance, and accurately operate the steering gear and operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant received the rear part of the said car as the front part of the freight vehicle due to the negligence of neglecting it.

Ultimately, the Defendant driven a cargo vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as the troke, pelvis, etc. in need of medical treatment for about three weeks, and the dump, tension, etc. in detail.

2. Violation of the Road Traffic Act (driving) the Defendant driven a B Poter Ⅱ while under the influence of alcohol of about 200 meters in the section of about 200 meters from the front of the Gmotour to D located in the same city as the date and time in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents (1, 2, and actual survey report);

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders shall be injury.

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