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(영문) 대전지방법원 천안지원 2018.11.29 2018고단2002
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 defendants violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) and the Road Traffic Act are those engaged in driving service of BM5 automobiles.

On July 8, 2018, the Defendant driven the above vehicle while under the influence of alcohol on July 14:35, 2018, and proceeded at a speed that would not be known by three lanes from the shooting distance room of the office located in the tent in the Ministry of Labor.

At the same time, other automobiles were driving on the left and right side of the vehicle, so in such a case, the driver of the vehicle did not drive the vehicle under the influence of alcohol, and had a duty of care to properly manipulate the steering system and the brake system and to prevent the accident.

Nevertheless, the Defendant neglected to drive a motor vehicle on the two-lanes due to influence of drinking, and neglected to drive the motor vehicle in a state where it is difficult to drive the motor vehicle normally, such as a remote distance, and neglected to drive the motor vehicle on the two-lanes, thereby changing the two-lanes into the two-lanes, and received the part behind the left side of the motor vehicle.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, resulting in the victim's injury such as salt, tension, etc. in need of medical treatment for about two weeks, and at the same time, damaged a motor vehicle with the above AD car to be repaired at the market price.

2. On July 8, 2018, the Defendant was under the influence of alcohol, such as smelling and smelling on the face of the Defendant, who caused a traffic accident as stated in the foregoing paragraph (1) at around 14:5 on July 14:5, 2018, and was dispatched to the site after receiving a report, and driving the Defendant under the influence of alcohol, such as drinking and smelling red on the face.

The method of inserting the whole breath of a drinking measuring instrument with reasonable grounds to recognize it.

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