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(영문) 대전지방법원 천안지원 2019.09.26 2019고단1727
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Power] On April 24, 2015, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment with labor for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Support for Incheon District Court.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a Bran vehicle in violation of the Act on the Punishment of Specific Crimes Aggravated Punishment (Bodily Injury resulting from Dangerous Driving)

On July 3, 2019, at around 04:11, the Defendant driven the said car while under the influence of alcohol of 0.201%, and driven the said car at a speed of about 50km per hour in the direction of Sincheon-gu, Chungcheongnam-gu, Seoul at a speed of about 50km in the direction of Sincheon-gu.

Since there is a center line of yellow-ray, in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as driving on the right side of the road, by accurately operating the steering room and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to commit so and negligently followed the center line, and followed the front gate part of the Franland boomed by the victim E (E, South and 38 years old) of the opposite vehicle driven in the direction of a bacheon-do. The Defendant blicked with the front gate part of the Franland blicking on the right side of the car of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered approximately three weeks of medical treatment from the victim, such as a right plebing room.

2. On July 3, 2019, the Defendant violated the Road Traffic Act (driving) even though he had the history of violating the prohibition of drinking alcohol driving, and again, driven B-low-income cars from the front side of G apartment in the south-gu Seoul Metropolitan City to the front side of the D-cafeteria located in the Dong-gu Seoul Metropolitan City, Yan-gu, Yan-si, Yan-si, Yan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Regulatory the results of the drinking driving control;

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