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(영문) 대전지방법원 천안지원 2019.11.27 2019고단2567
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a multilateral car.

On July 30, 2019, the Defendant was under the influence of alcohol with 0.241% of blood alcohol concentration around 08:55 on July 30, 2019, while driving the said vehicle without a driver’s license, and driving the said vehicle at a three-lane road near the 5-lane 5-lane, Yananannam-gu, Chungcheongnam-gu, Yanancheon-gu, and driving the said vehicle at a three-lane speed near the 3-lane in the direction of the Sim

At the time, the signal, etc. is installed, and the direction of the defendant at the time was red signal, so there was a duty of care to maintain the safety distance with the vehicle in front and properly manipulate the brake system with the vehicle in front, and to prevent the accident in advance by safely driving the vehicle in front.

The Defendant, while neglecting this, was negligent in operating the brakes in a drunken manner without properly operating the brakes, was under the influence of the Defendant’s negligence, and the part of the back-setting part of the victim D (In this case, the age of 47) driving E-learning Motor Vehicle was under the influence of the signal signal to the front-down part of the Dap Motor Vehicle.

As above, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury, such as light salt, which requires treatment for about two weeks, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on actual traffic accident, and reports on the occurrence of traffic accidents;

1. Report on the statement of the state of his/her driver, investigation report (report on the state of his/her driver), and written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. A medical certificate;

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

1. Relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the Act on the Aggravated Punishment, etc. of Specific Crimes.

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