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(영문) 대전지방법원 천안지원 2019.10.17 2019고단1776
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 three 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 (Death or Injury caused by Dangerous Driving) is a person engaged in driving a B SP car.

On June 5, 2019, at around 02:00, the Defendant driven the said car under the influence of alcohol of 0.178% with a blood alcohol concentration of 0.178% and runs along one-lanes between the two-lanes from the bank surface to the west-gu C apartment in Seoan-gu, Seoan-gu, Seoan-gu, as both sides, along the intersection of the two-lanes.

In order to enter the entrance of C Apartments, it was turned back.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and shall not interfere with the course of another motor vehicle, such as moving in the vicinity of the intersection.

Nevertheless, the Defendant neglected to do so and did not discover the victim D(42 years old) rocketing taxi in the same direction on the rear side of the Defendant’s vehicle, and left behind without discovering the victim’s rocketing taxi, and sprinked the victim’s front part of the vehicle following the Defendant’s vehicle.

As a result, the Defendant suffered salt, tensions, etc. from the shoulder joints that require approximately two weeks of treatment by occupational negligence as above.

2. Around 02:00 on June 5, 2019, the Defendant was under the influence of alcohol with a blood alcohol content of 0.178% 0.178%, the Defendant driving a B SP car in the section of about 1km from “G” located in the Yannam-gu, Yananandong-gu to the blind distance in front of the C apartment in Seoan-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Blucors for damaged vehicles;

1. Application of Acts and subordinate statutes (No. 14 of the evidence list);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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