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(영문) 대전지방법원 서산지원 2020.06.10 2019고단534
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The defendant is a person who is engaged in driving service of salary class B and 3 freight vehicles;

Around 20:30 on April 14, 2019, the Defendant driven the above 3 cargo vehicles while under the influence of alcohol, and led the Defendant to drive the said 3 cargo vehicles along the vicinity of D/C at the time of a acceleration.

Since there is a center line of yellow solid lines, in such a case, a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front-distance, to prevent accidents from smoke and to prevent driving while under the influence of alcohol.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the Flaty drive of the Victim E (Me. 54 years old), which was due to the negligence going beyond the central line, and received the part of the Flaty drive of the Flaty Motor Vehicle in front of the above 3 freight truck.

As a result, the Defendant suffered injury to the victim E by the negligence in the above business, which requires a two-day medical treatment due to the influence of alcohol, such as the fluoral base, etc., and the Defendant suffered injury to the victim G (28 years old) who is the passenger of the Liber car, for about two weeks of medical treatment.

2. Around 20:00 on April 14, 2019, the Defendant driven a B 3 truck with blood alcohol content of about 0.182% in the section of about 6km from the date before the I J cafeteria located in Jin-si, Jin-si to the D neighboring road located in Jin-si, Jin-si, at around 20:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report on traffic accidents;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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