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(영문) 대전지방법원 천안지원 2020.04.24 2019고단3361
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving motor vehicles B.

1. Around 23:50 on November 16, 2019, the Defendant driving a motor vehicle under the influence of alcohol content of about 0.097% in a section of approximately 1km from the 1km to the road adjacent to a printing window distance located in the same city, Seo-gu, Chungcheongnam-dong Integrated Terminal in the Yandong-dong, Yandong-dong, Yandong-dong.

2. On November 16, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle of the frighting on the 23:50th day of November 16, 2019, driving the 2nd line of the 5nd line of the printing windows distance, which is located in the Sung-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-do.

At the time, the signal was installed at night, so there was a duty of care to prevent accidents in advance by checking the front door and the left and right of the driver of the motor vehicle.

Nevertheless, the defendant neglected to drive normally under the influence of alcohol as stated in Paragraph 1, and caused the defendant's fault in the course of duty, which led to the failure of the defendant to drive in a situation where normal driving is difficult, to the front part of the victim D(23 years old), which was in the traffic atmosphere, to the front part of the defendant's driving.

As a result, the Defendant suffered injury to the victim, such as cerebral dead, which did not have two or more internal organs in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, report on the circumstances of a drinking driver, and report on the results of the drinking control;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The corresponding Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and imprisonment with prison labor, respectively;

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