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(영문) 대전지방법원 천안지원 2017.12.15 2017고단2374
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 who drives C Poter Cargo Vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On September 22, 2017, the Defendant driven the 0.120% alcohol concentration in the blood transfusion, while driving the said cargo while under the influence of alcohol at a 0.120%, and led the Defendant to drive the said cargo at an influent speed in the direction of gold in the direction of the head of Sinsan Island 414-2.

There are one lanes, and the right side of the road is connected with the access road of the factory, and the following vehicles have stopped. In such a case, the driver of the vehicle has a duty of care to maintain the traffic situation of the front side and maintain an appropriate interval with the preceding vehicle, and operate the steering and brake system accurately.

Nevertheless, due to the negligence that the Defendant was negligent in neglecting the front time while driving, the Defendant was faced with the front part of the cargo vehicle after the E-learning car driven by the victim D (W, 50 years old) who was parked at the front time of the Defendant, which was driven by the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light dump, tension, etc. in need of approximately two weeks of treatment.

2. On September 22, 2017, the Defendant violated the Road Traffic Act (drinking) driving a C Poter truck under the influence of alcohol with approximately 1.5 meters alcohol concentration of about 0.120% from the section of approximately 1.5 meters from the direction of “Ne-si Dok-si Do-si Do-si Do-si Do-si” to the road from the direction of “Ne-si Do-si Do-si Do-si Do-si Do-si.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. A medical certificate;

1. A survey report on actual condition, a report on the situation of the driver at the main place, and an investigation report (to hear statements of victims);

1. Application of Acts and subordinate statutes to inquire about the results of on-site photographs and drinking control;

1. Criminal facts;

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