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(영문) 대전지방법원 천안지원 2020.04.08 2020고단373
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

The defendant is a person who is engaged in driving a vehicle B in the Republic of Korea.

On September 10, 2019, the Defendant driven the said car with 0.162% alcohol concentration around 21:30, while under the influence of alcohol, and proceeded from Asan City to C in the direction of Dump Eup the road 181-57 at Asan City.

Since there is a road in which the center line of yellow-ray is installed, there was a duty of care to prevent accidents, such as making a person engaged in driving a motor vehicle a good look at the front line and the right and the right and the right and the right and the right and the right of the driver, accurately operating the steering wheel and the system, observing the driving lane, etc.

The “F” written in the E indictment driven by the victim D (year 54) who was frighten in the center line of yellow-ray due to the negligent negligence of the frightening the center line of yellow-ray while neglecting it in such a state that the Defendant is difficult to drive normally due to drinking, such as a large strhing of walking, a large distance, red and so on, and so on.

The left-hand portion of the car in the Pabyaf is shocked by the defendant's right-hand portion of the car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the state of the drinking driver, investigation report (report on the state of the drinking driver), notification on the results of the control of the drinking driving, report on the actual situation of the drinking driving, and report on the occurrence of traffic accidents;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of photographor image of an accident boomor;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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