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(영문) 대전지방법원 서산지원 2020.01.08 2019고단766
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 October 24, 2013, the Defendant received a summary order of KRW 2 million from the Seosan Branch of the Daejeon District Court to a fine of KRW 2 million for a violation of the Road Traffic Act. On February 24, 2017, the Defendant received a summary order of KRW 2.5 million from the Seosan Branch of the Daejeon District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act.

1. On July 27, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a D bargaining car with three-lane roads in front C in Seosan City B, Seosan City, while under the influence of alcohol concentration of 0.191%, and driven it along two-lanes in the direction of red ginseng distance from the direction of the Arari-distance.

At the same time, the Defendant had a duty of care to ensure safety distance for those engaged in driving business and properly manipulate the steering and brake system to prevent accidents in advance by securing safety distance for those engaged in driving business.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it, and the part behind the car in question was received as the front part of the car in front by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. Around 20:30 on July 27, 2019, the Defendant driven a D-learning car under the influence of alcohol content of about 3km from the location of the Seosan Public Bus Terminal, which was located in Seosan City, 190, to the front road located in Seosan City B, to approximately 0.191% of alcohol content.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Notification of the results of the drinking driving control;

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