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(영문) 대전지방법원 천안지원 2020.04.22 2020고단570
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. Around February 20, 2020: (a) around 23:15, the Defendant driven a DNA X-ray car under the influence of alcohol content of about 0.20% at a 2km section from the parking lot of the C Association located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu to the 0.200% front of the 4 sports field shooting distance.

2. On February 20, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to bypass the road in front of the fourth playground distance from the Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, in a state of alcohol alcohol concentration of 0.20%.

At the time, it was night and its location was a road where the center line of yellow solid lines was installed, so there was a duty of care to see the front side in the person engaged in driving of the motor vehicle, and to safely drive the motor vehicle.

The Defendant neglected to do so while drunk, and did not look at the front line properly, and caused the Defendant’s negligence over the center line to shock the Genz car driven by the victim F(25 years of age) who was in the atmosphere of the signal in the opposite line. Then, the Defendant shocked the victim H(59 years of age) who was in the atmosphere of the signal.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and H;

1. Reports on traffic accidents (1) and reports on the occurrence of traffic accidents;

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. Each written diagnosis;

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

1. As to the punishment, etc. of each specific crime under Article 148-2 (3) 1, Article 44 (1) of the Road Traffic Act and Article 148-2 (1) of the same Act.

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