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(영문) 대전지방법원 천안지원 2017.04.20 2017고단255
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is driving a motor vehicle frequently or frequently. The defendant is driving a motor vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 1, 2016, at around 01:10, the Defendant came to turn to the left at the sloping distance from the station located in the Sinsan-si hot spring-dong, and the Defendant came to the left at the right-hand turn from the lower-distance bank.

In this case, the driver of a motor vehicle has a duty of care to drive the motor vehicle while checking whether the motor vehicle is traveling through an intersection by living well the right and the right of the road and the right and the right of the motor vehicle.

Nevertheless, as described in paragraph 2, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to influence of drinking, and caused the damage to the right part of the victim C ( South, 49 years old) driving the above intersection to the tourist hotel room on the surface of the remote distance.

In this accident, the victim E (WW) who was accompanied by SM5 car by the victim E (WW 32 years old) suffered around 2 weeks of clocks, tensions, etc., which require approximately 3 weeks of treatment.

2. Violation of the Road Traffic Act (drinking) and the Defendant violated the Guarantee of Automobile Compensation Security Act without purchasing mandatory insurance with alcohol content of 0.146% in blood. Around the time and time specified in paragraph 1, the Defendant driven B-low-income vehicle at approximately 100 meters from the front side of the modern hot spring base in the Asia-si, Busan Metropolitan City to the place of accident specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (C);

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident;

1. An accident scene photograph;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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