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(영문) 대전지방법원 논산지원 2017.06.16 2017고단224
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. The Defendant is a person engaged in driving a BMW car.

On January 27, 2017, the Defendant driven the said car in a state that it is difficult to drive normally due to the influence of alcohol level of 0.173% from blood alcohol level in light of around 21:50, the Defendant driven the said car and driven it in three-lanes from the right side of the sloping distance to the right side of the sloping distance.

At the time, since it is night, and there is an intersection where a signal is installed, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing speed and driving a motor vehicle well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving, while driving the vehicle of the Victim E (FK5) waiting in the signal signal in accordance with red signals on the two-lanes, and followed the right side of the vehicle of the Victim C (FK5) driving in the signal signal in accordance with red signals on the two-lanes, and followed the left side of the victim E(34 ) driving in the signal signal in accordance with red signals from the penter and the three-lanes, and received the pent part as the front part of the Defendant driving vehicle.

Ultimately, the Defendant suffered injury to the said C, such as salt, tensions, etc. in need of approximately three weeks’ medical treatment due to occupational negligence, and injury to the victims G (V, 32 years old) who were on the top of the k5 passenger car of the said E and the said E driving, respectively, in need of approximately two weeks’ medical treatment.

2. On April 24, 2017, the Defendant: (a) driven a H Ⅱ truck without obtaining a driver’s license at a section of approximately 300 meters from April 24, 2017 to April 24, 2017, from the 236-13th calendar month before the Seosan calendar month to the 204th calendar month from the 200th century.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C, E, and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of response to requests for appraisal and drinking driving control (2017 Highest 224 investigation records in the case);

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