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(영문) 대전지방법원 천안지원 2019.06.20 2019고단390
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a HD car.

On January 16, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.106% of blood alcohol level 0.106%, and driven the 1468 vertical acid distance from the luxal breadth to the luxal breadth from the luxal breadth, Seoan-gu, Seoan-gu.

At this point, there is an intersection where signal lights are installed on the front side, so the defendant engaged in driving motor vehicles had a duty of care to maintain a reasonable distance by examining the progress of driving motor vehicles.

Nevertheless, the Defendant neglected this and failed to maintain the safety distance in a state where normal driving is impossible due to influence of alcohol as above, and caused the victim’s Da QM6 car driving ahead of the above vehicle due to the previous panion part of the victim C (Seoul, 45 years old) to suffer from the erode and brain in need of treatment for about two weeks by shocking the back panion part of the said vehicle.

2. On January 16, 2019, at around 23:02, the Defendant driven a HD car under the influence of alcohol leveling 0.106% of blood alcohol level from the front of a restaurant in the trade name, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu to the 1468 in the 1468 straight basin, in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report, a yellow survey report, a motion picture, a photograph of the damaged vehicle, a photographic image, a report on the occurrence of a traffic accident, a field map of the accident, a photo of the accident site, and a

1. A copy of the ledger using the drinking-free measuring instrument, notification of the results of the regulation of drunk driving, circumstantial statement of a drinking-free driver, investigation report (report on the circumstances of a drinking-free driver), and a copy of the correction

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (victim C telephone communications) 1.

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