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(영문) 대전지방법원 천안지원 2020.04.22 2020고단592
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

On August 30, 2016, the Defendant received a summary order of KRW 2,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's branch court.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the defendant who is engaged in driving B.

On February 15, 2020, at around 00:30, the Defendant driven the said car with a blood alcohol concentration of 0.146% 0.146%, and continued to drive the national highway No. 21, which is located in 123-2 in Yacheon-gu, Chungcheongnam-gu, Yacheon-gu, Yacheon-gu, Yanananan-gu.

At the time, there is a night and a place where the center is installed, so there was a duty of care to make a person engaged in driving service thoroughly and safely drive the vehicle.

The Defendant neglected to do so and neglected that, while driving, the Defendant was able to rhy the horses while driving, and the body was in a state that is difficult to drive normally due to the influence of drinking such as a string distance, and received the right right side part of the victim C(W, 24 years old) driving car, which was in a normal driving at the first lane.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as climatic salt, which requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in Paragraph 1, and as above, driven B-low-income automobiles under the influence of alcohol with a blood alcohol concentration of 0.146%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Notification of the control of drinking driving;

1. A medical certificate;

1. An accident site photograph;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, and copies of summary orders shall be applied to one copy of the relevant Acts and subordinate statutes;

1. Criminal facts;

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