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(영문) 대전지방법원천안지원 2020.09.22 2020고단1324
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 00:20 on May 2, 2020, the Defendant driven a B rocketing car with a blood alcohol concentration of 0.142% from the 1km section of approximately 1km from the front of the Yandong-dong Yannam-gu Yanandong-gu Yancheon-si to the southnam-gu Yanannam-gu Yannam-gu Yandong-gu Yandong-gu Yandong-gu Yannam-si.

2. On May 2, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B rocketing car under the influence of alcohol concentration of 0.142% at the south-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) along the intersection of the south-gu Seoul Special Metropolitan City on May 2, 202, while driving the B rocketing motor vehicle at an insular speed from the surface of the Cheong-dong bank.

Since its location was cross-section, there was a duty of care to safely enter the intersection by properly examining the progress of another vehicle in driving service.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (Nam, 59 years old) who passed from the right side of the Defendant’s vehicle to the port due to the negligence that did not properly examine the progress of other vehicles while neglecting this, and was driven by the Defendant as the front part of the car of the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report, report on the occurrence of a traffic accident, and photograph of the accident site;

1. Notification of the results of the drinking driving control, the ledger of use of a drinking measuring instrument, the notice of completion of correction, the report on the situation of a drinking driver, the investigation report (report on the circumstances of a drinking driver), and the inquiry into the results of the drinking driving control;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the former Act on the Aggravated Punishment, etc. of Specific Crimes, Etc.

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