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(영문) 대전지방법원서산지원 2020.10.14 2020고단761
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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. On March 31, 2020, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) and the Guarantee of Automobile Accident Compensation Act: (a) drive a non-registered motor vehicle, which was not covered by the mandatory insurance in the section of about 1 km from the front of the cafeteria of the “C” restaurant at the time of Jin-si to the front of the Jin-si, without obtaining a driver’s license on March 15, 2020, while under the influence of alcohol 0.206% of the blood alcohol concentration.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), and the Defendant of the Road Traffic Act committed the act of driving the motor bicycle as stated in the preceding paragraph while under the influence of alcohol 0.206% in the temporary border as stated in the preceding paragraph along with a one-lane road in the direction of Ehigh School in the direction of Ehigh School.

At the time, the Defendant was followed by HITI100G Orala, which is driven by the victim G (the age of 70) in the same direction, and thus, the Defendant had a duty of care to ensure safety distance after considering the situation, and to prevent traffic accidents.

Nevertheless, the defendant, while under the influence of alcohol, neglected to turn to the left, received the back wheels part of the victim's driver's driver's license with the front wheels part of the driver's license.

As a result, the Defendant driven a motorcycle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victim, such as the following lights and the pelvis in need of medical treatment for about two weeks, and at the same time, damaged the victim's above stratob in a state where the repair cost is 317,000 won.

Summary of Evidence

1. Statement of the police concerning G of the defendant in court;

1. A report on traffic accidents and a report on actual condition;

1. Any notification of the results of the drinking driving control, and any drinking driver;

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