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(영문) 대전지방법원 홍성지원 2019.01.23 2018고단821
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 of a motor vehicle B high-priced motor vehicle;

On October 6, 2018, at around 19:00, the Defendant driven a B low-speed car with a blood alcohol concentration of 0.152% in the 200M section from a restaurant at the cafeteria, Chungcheongnam-nam Budget Co., Ltd to D in front of D.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven under the influence of alcohol level of 0.152% with a blood alcohol level difficult to drive normally, and the Defendant was driven from the boundary of E Hospital on October 6, 2018 at the Eup/Myeon located within the Yannam Budget-gun, Chungcheongnam-gun, Seoul Special Metropolitan City on October 19:00

At this point, it is a straight line of one lane and a road where the yellow-line center line is installed. Therefore, the driver of the motor vehicle has a duty of care to prevent accidents in advance, to prevent the driver from driving the motor vehicle in a safe manner by accurately operating and safely operating the steering and steering gear, and to stop driving the motor vehicle without exceeding the center line and to stop driving the motor vehicle while drinking.

Nevertheless, the Defendant neglected this and went beyond the center line in a situation where it is difficult for the Defendant to drive normally while under the influence of alcohol, and was driven by the victim FF (F, South and 48 years old) in a single-lane airbing from the boundary of the new E Hospital located in the Eup of the new E Hospital. The Defendant was driven by the front driver in the front of the car driven by the Defendant.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim FF (FF, South, 48 years of age) such as a diversty in which it is necessary to give approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A survey report on the actual condition, on-site and accident vehicles, and photographs of black boxes;

1. Notification of the control of drinking driving;

1. The application of laws and regulations of the F.I.D.

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