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(영문) 대전지방법원 2019.11.21 2019고단3673
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 K5-car.

On July 31, 2019, at around 08:25, the Defendant driven the said car while under the influence of alcohol of 0.169%, and led the roads in front of the Daejeon Seo-gu Daejeon to proceed along three-lanes from the offside of D apartment to the offside distance.

In this case, the defendant engaged in driving service has a duty of care to prevent accidents, such as taking a front door well, accurately manipulating the steering direction and brake system, etc., and to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s vehicle in front of the passenger car, following the Frighting car of the victim E (the age of 33) who was in front of the signal.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim E, such as the pipe and tension of the part in which the said car is in need of approximately two weeks of medical treatment, and the body and tension of the body and the body and tension of the parts in which it is unknown, and the Defendant suffered injury to the victim G, a passenger of the said frighting car, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Reports (1), (2) on traffic accidents;

1. Each written diagnosis;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of the CCTV-related Acts and subordinate statutes to damaged vehicles;

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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