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(영문) 대전지방법원 서산지원 2020.07.23 2020고단350
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car

On March 31, 2020, the Defendant driven the said car under the influence of alcohol of 0.175% with a blood alcohol concentration around 23:40 on March 31, 2020, and driven the two-lane road in front C in the direction of the E apartment in the direction of E apartment in the direction of D.

At the time, there were nights, and signals are installed on the right side of the road, so the driver engaged in driving of the motor vehicle had the duty of care to safely drive the steering and steering system by properly manipulating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the steering and steering devices properly, and the Defendant received a prop part of the signal lamps installed on the right side of the road with the front part of the car in front of the car.

As a result, the Defendant sustained an injury to the victim F (the age of 42) who was driven by the said car in a situation where it is difficult to drive the car normally due to the influence of drinking, due to the influence of drinking, for about two weeks of medical treatment.

2. Around 23:40 on March 31, 2020, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.175% from the Do to the Do to the Do to the Do to the Do to the Do to the Do to the Do to the west-si, Chungcheongnam-si., Chungcheongnam-si., the Defendant driven the B Hasta car under the influence of alcohol content of about 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs and CCTV images;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (1) of the Road Traffic Act, the choice of imprisonment for a crime shall be made.

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