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(영문) 대전지방법원 천안지원 2020.04.10 2019고단3429
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. Around 02:05 on December 8, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.097% 0.05%, and the Defendant driven D Asan-si B apartment from the Do adjacent to Asan-si B apartment to Asan-si C at approximately approximately 2.8km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) is a person engaged in driving a motor vehicle.

On December 8, 2019, the Defendant, like the preceding paragraph of the 02:05 Before 02:05, was under the influence of alcohol, along the two-lane road from the south underground streets, along the two-lane road from the south underground streets.

At the time, it was difficult to secure the view due to the night and the opening, and the defendant was followed by the F E-W car driven by the victim E (the age of 48), so in such a case, the driver had a duty of care to prevent traffic accidents by driving the e-mail and accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant found the above mati vehicle driven by the victim waiting at the intersection in accordance with the red signal due to negligence, which was negligent in neglecting the influence of alcohol, at the latest, and received the part of the mati vehicle behind the above mati vehicle as its front part.

Ultimately, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, notification of the results of the regulation of drinking driving, circumstantial statements of drinking drivers, circumstantial reports of drinking drivers, report on the circumstances of drinking drivers, and the results of the crackdown on drinking driving;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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