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(영문) 대전지방법원 홍성지원 2017.04.26 2017고단76
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) by the Defendant is a person engaging in driving a motor vehicle more free franchise.

On September 30, 2016, the Defendant driven the said car under the influence of 0.149% alcohol during blood while drinking around 20:30 on Sep. 30, 2016, while driving the said car at a 0.149% alcohol level on the side of the police box in Bocheon-si, Bocheon-si.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to safely drive the motor vehicle and prevent the accident by safely keeping the vehicle along with the vehicle line, such as making a good report on the traffic situation and accurately operating the steering and brake system.

Nevertheless, the Defendant neglected this and failed to discover the victim D's D's E-ray vehicle, which was driven by the vehicle without a driver's license and was stopped in the front direction of the vehicle while driving the said vehicle, and received the rear part of the said D's 'E-ray vehicle from the front direction of the vehicle.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (non-licensed driving) and the Road Traffic Act (driving of alcohol) at the time and place specified in paragraph 1, without obtaining a driver’s license in the state of alcohol alcohol concentration of 0.149%, the Defendant driven a vehicle more than a 300-meter Bp franchise without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The investigation report on the actual condition of traffic accidents, the statement report on the situation of the driver in charge, the notification of the results of crackdown on the driving of alcohol, the ledger of driver's licenses, and the application

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes against criminal facts

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