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(영문) 대전지방법원 천안지원 2019.02.14 2018고단2751
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

1. On November 11, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven the said car while under the influence of alcohol level of 0.130% on blood alcohol level on November 11, 2018, and moved the two lanes front of the D cafeteria along the one lane in the direction of E store in the direction of E store in the direction of the race race track.

At the time, since the vehicle is a new wall and the vehicle is in progress around the defendant's vehicle, the driver of the vehicle has a duty of care to maintain a clear mind for those engaged in driving the vehicle, to live well in the front of the course, to change the lane from the first lane to the second lane before the right of way, and to prevent the accident in advance by looking into the flow of the other vehicle and by safely bypassing the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care and neglected bypassing the right side of the Defendant’s driver’s vehicle at the same time, suffered injury, such as a climatic salt, which requires approximately two weeks of treatment to the victim, by taking a part of the Grasta taxi’s top part in front of the left side of the victim F (the age of 60) who was running a two-lane.

Accordingly, the defendant was injured by driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking.

2. On November 11, 2018, the Defendant, while under the influence of alcohol at a 05:15% alcohol level, driven B rocketing car at the 1km section from the front of the International Kinging ambling room in the West-gu, Seoan-gu, Seoan-gu, Seoan-si, and the front of the D ambling.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. On-site photographs, taxi booms photographs of 1.1.

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