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(영문) 대전지방법원천안지원 2020.09.04 2020고단1553
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving B rocketing another car.

On June 14, 2020, at around 16:40, the Defendant driven the said car while under the influence of alcohol with 0.220% of alcohol concentration 0.20%, and led the Defendant to drive the said car at a 0.220% of the said car, from the surface of the hot spring basin in front of the Asan City to the d high school-level outflow.

At the time, the Defendant, prior to the same direction, was followed by the F. C. car driven by the victim E (E., South and 28 years old), and in such a case, the Defendant had a duty of care to secure a safety distance for the driver of the vehicle, to ensure the safety distance for the vehicle, and to safely drive the vehicle and prevent the accident in advance by safely driving the vehicle while keeping the movement of other vehicles in the front direction.

Nevertheless, the Defendant neglected to do so and did not find out that the said car was stopped in order to turn to the left due to the negligence of not reducing the speed while under the influence of alcohol and without reducing the speed, and received the part behind the said car in front of the said car, with the top part of the said car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury of the said victim and the victim G (Nam, 28 years of age) who was on board the said vehicle together with the said victim and the damaged vehicle for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in Paragraph 1, and as above, driven B rocketing automobiles with the blood alcohol concentration of 0.220% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to the traffic accident report, inspection report on the scene of accident, notification of the results of the drinking driving control, the circumstantial statement of a drinking driver, and the results of the crackdown on drinking driving;

1. Criminal facts;

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