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(영문) 대전지방법원 천안지원 2019.07.10 2019고단1026
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving cars and freight cars with Hansung 8.5 metric tons in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 23, 2019, at around 20:25, the Defendant driven the above cargo while under the influence of alcohol of 0.146% of blood alcohol concentration, and was proceeding about 50km/h at a speed of about 50km/h of the side of the road located at a point of 345.5km-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Busan.

At the same time, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as taking the front door and left door well, and accurately manipulating the steering and steering system.

The Defendant, while under the influence of alcohol, neglected to do so and did not look well at the front side, caused the victim C(the age of 32) who was parked on the side of the front side by negligence, and caused the driver part to be the front part of the cargo vehicle of the Defendant.

As a result, the Defendant driven the Defendant’s cargo vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered from the Defendant’s injury, such as climatic salt, for about three weeks of medical treatment.

2. On April 23, 2019, at around 20:25, the Defendant driving a Nasung8.5 tons fluor, while under the influence of alcohol with approximately 0.146% of the blood alcohol concentration at a section of about 10km of the Busan Gyeong-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Busan, Busan, at a point of 345.5km in the direction of Busan, on the road in front of the mutual influorial convenience store located in the Seongbuk-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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