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(영문) 대전지방법원 2020.06.11 2020고단717
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 string and freight vehicle B.

On January 6, 2020, the Defendant driven the above cargo while under the influence of alcohol of 0.123% with blood alcohol concentration 0.123%, and driven the above cargo in front of the flow-distance in the Seo-gu Daejeon Seo-gu, Daejeon, along the flow-based road, from the Johon-gra-distance Protection Zone to the flow-based 2-dong community service center, the Defendant driven the above cargo along the one-lane.

At night at the time and at the front of the defendant, D-hurd passenger cars driven by the victim C (n, 47 years of age) were in the atmosphere of traffic signal, so in such a case, the driver of the vehicle was engaged in driving service and maintained a sufficient distance from the front side to reduce the speed and maintain a sufficient distance from the front side, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in performing the above duty of care as it was so negligent that the Defendant was followed by the vehicle of the victim with the front part of the said cargo vehicle, which was driven by the victim.

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 injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A medical certificate;

1. Investigation report on the actual condition, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, inquiry into the results of crackdown on drinking driving, and register of driver's licenses;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the former part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) and each of imprisonment options with prison labor;

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

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