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(영문) 대전지방법원 천안지원 2017.07.20 2017고단1187
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 a person who is engaged in driving a motor vehicle with CM5 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 26, 2017, around 22:45, the Defendant proceeded with a three-lane road near the 8-35-lane 16-h, in the direction of the riverside, along the two-lanes in the direction of the Asan hot spring in the direction of the city, at about 40km in the direction of the city.

At the time, at night, and at the front of the defendant's driving direction, the victim D (n, 26 years old) and the E-car driven by the victim D (n, 26 years old) stopped for the signal waiting, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as reducing speed to those engaged in driving the vehicle, driving the steering system, and accurately manipulating the steering system.

Nevertheless, the Defendant was negligent in failing to properly operate the brakes under the influence of alcohol while neglecting his duty of care on the front of the Defendant’s driving vehicle in front of the Defendant’s driving direction.

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, tension, etc. of the right-hand trees requiring treatment for about two weeks.

2. On the date specified in paragraph 1, the Defendant driven CM5 vehicle under the influence of alcohol content 0.149% from the 3km section of approximately 3km to the place indicated in paragraph 1, which is located in the middle of a mutually unclaimed restaurant at Asan-si in the direction of a city in Busan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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