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(영문) 대전지방법원천안지원 2020.09.09 2020고단1809
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

On October 24, 2016, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act, in the support of the Daejeon District Court in the Incheon District Court.

The defendant is a person who is engaged in driving a Bran vehicle.

On June 15, 2020, at around 15:50, the Defendant driven the said car while under the influence of alcohol with 0.198% of alcohol concentration 0.198%, and led to the driving of the said car into the intersection by the intersection of the D cafeteria in front of the D cafeteria in the south-gu Seoul Metropolitan City, Seoan-gu.

At the time, the Defendant, prior to the same direction, was behind the FF No. Habrid No. Habrid car driven by the victim E (n. 62 years old). In such a case, the Defendant had a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving the vehicle while maintaining safety distance.

Under the influence of alcohol, the Defendant had been negligent in driving the vehicle in front of the Defendant’s driver’s vehicle, and had the part behind the Defendant’s driver’s vehicle in front of the Defendant’s driver’s vehicle, and had the victim G (56 years old) drive a part of the lower part of the HM7 vehicle in front of the Habrid car due to its shock.

Ultimately, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and sustained injury to the victim E by driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, such as salt and tensions that require approximately two weeks of medical treatment, and light chills and tensions that require approximately two weeks of medical treatment to the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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 medical certificate;

1. An accident site photograph;

1. Previouss before judgment: Criminal records;

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