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(영문) 대전지방법원 천안지원 2018.09.06 2018고단1769
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a car with Bsch Rexroth in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 3, 2018, the Defendant driven the above vehicle while under the influence of alcohol level of 0.126% among blood transfusions on June 3, 2018, and moved the roads in front of the station located in the south-gu Seoul in the East-gu, Seoan City to the direction of the intersection distance from the direction of the intersection distance, and changed the lane from the two-lane to the one lane.

In such cases, a driver of a motor vehicle shall always drive a motor vehicle in a clear mind, such as not drinking alcohol, and when it is likely to impede the normal passage of other motor vehicles, he/she shall not change the lane, and he/she has a duty of care to prevent accidents in advance by driving the motor vehicle safely by safely operating the front side and its surroundings, such as accurately manipulating the steering gear and brakes.

Nevertheless, under the foregoing, the Defendant’s negligence of neglecting this and changing the lane as soon as possible, caused the left-hand turn from the direction of the direction of the intersection in the direction of the intersection set forth in the Home Pluter of the E-U.S. E(55) drive of the victim E(55) driving, who was straight along one lane, to the left-hand part of the front-hand part of the Defendant’s car.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as dump dump, tension, etc., which requires approximately two weeks medical treatment to the victim.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the fex vehicle under the influence of alcohol concentration of approximately 0.126% from the 300-meter section of the blood alcohol level to the above accident site on the roads in front of the mutual influent restaurant in the south-gu, Southern-gu, Seoul Metropolitan City at the time of the above day to the above accident site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Vehicle photographs;

1. Statement of the circumstances of the driver in charge;

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