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(영문) 대전지방법원 천안지원 2020.04.27 2019고단3376
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a vehicle in B, Q900.

1. On November 22, 2019, the Defendant driven the said vehicle under the influence of alcohol by 0.220% of the blood alcohol concentration from the section of approximately 2.9km from around the 2.9km to the site of the accident, as described in paragraphs (2), around 01:0 of the Road Traffic Act.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven by the Defendant on November 22, 2019, while under the influence of alcohol level of 0.220% on blood alcohol level around November 22, 2019, the Defendant driven the said car at a speed of one-lane from the distance from the direction of the playground distance near the boundary line of the Yandong-gu, Seoan-gu, Seoan-gu, Seoan-gu.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance, such as reducing speed and accurately manipulating the steering direction and brake system by checking well the right and the right according to the situation of traffic prior to the operation of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected his influence of drinking, and neglected to do so, and caused the back part of the FMFW car driven by the victim E (the aged 31) who was in the atmosphere of the signal at the front.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident occurrence situation in preparation E;

1. A copy of a medical certificate;

1. A written appraisal of alcohol during blood;

1. A table for a request for appraisal (2019-C-8260);

1. A traffic accident report, actual condition investigation report;

1. Bluckings, video photographs, and accident site photographs of the vehicles;

1. Report on the occurrence of a traffic accident;

1..

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