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(영문) 대전지방법원 천안지원 2018.10.11 2018고단2176
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 three 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 a vehicle B K7 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On August 24, 2018, the Defendant driven the above vehicle while under the influence of alcohol of not less than 0.05% during blood, and led to the left-hand turn-hand turn-hand turn-off at the second slope of the Amplow-dong modern apartment at the Yanananananan-gu, Yananan-si, the front side of the entrance of the Yan-dong Hyundai apartment at the Yanan-gu, Yan-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected this and neglected to drive the said vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, such as influoring, walking, etc., and neglected to drive the said vehicle, and caused the injury of the victim C(72) of the DaM3 vehicle in front of the Defendant’s vehicle, and caused the injury of the victim, such as a fluoral salt, etc., for about two weeks in need of medical treatment.

2. On August 24, 2018, the Defendant was under the influence of alcohol leveling of at least 0.05% among blood, around 21:49, the Defendant driven B K7 cars from the 1km section from the 1km to the front road of the entrance of the Hyundai Apartment-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. On-site photographs;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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 as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act shall apply, respectively;

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