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(영문) 대전지방법원 천안지원 2018.11.19 2018고단1647
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of 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 a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 17, 2018, the Defendant, while under the influence of alcohol level of 0.142% during blood transfusion around 03:00, driven the said rocketing car with the above alcohol level of 0.142%, led to the Defendant’s running at a speed that cannot be seen from the surface of the museum’s shooting distance on the surface of the C-U. Hasan-si apartment.

At the time, it was installed at night and at the front, and in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by safely manipulating the brake system, etc., and thus, the driver of the vehicle has a duty of care to prevent accidents in advance, without driving the vehicle in a state where normal driving is difficult due to influence of drinking.

Nevertheless, the Defendant neglected this and neglected his face to be red and stroked, and when ging, the Defendant was negligent in neglecting the front line while under the influence of alcohol such as a string distance, and received the back portion of the victim D ( South, 48 years old) who was trying to proceed after being set under the front line on the same lane as the Defendant.

As a result, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B rocketing car under the influence of alcohol with approximately 0.142% alcohol concentration in the 4km section from the 4km to the roads indicated in paragraph 1 on the roads adjacent to the Mari Folk Village outside the Mari-si, Mari-si, Masan-si, a day specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Medical certificate (D);

1. On-site photographs statutes;

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