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(영문) 대전지방법원 천안지원 2019.07.18 2019고단252
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving motor vehicles B

At around 03:00 on October 2, 2018, the Defendant driven the said car while under the influence of alcohol in the blood alcohol concentration, and was driving the national highway No. 21, 500 on the Hansan-si 500 on the part of the Hansan-si.

At the time, the defendant, while driving the above vehicle in a state where normal driving is difficult due to influence of drinking such as red, cross-road, etc., and without observing the lane, conflicts with the Dsch Rexroth driving of the victim C(33 years old) who is driving at the same time due to negligence in the course of the business as above, with the front side of the driver's vehicle.

As above, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the said victim, such as cerebral ley which requires medical treatment for about three weeks.

2. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant caused a traffic accident as stipulated in paragraph (1) of this Article and caused the same day at around 03:20 on the same day, while the Defendant was requested by the captain G of the police box affiliated with the same police box to respond to the measurement of alcohol for about 27 minutes on the face of the Defendant while under the influence of alcohol, such as smelling and singing red on the face of the police box at around 03:20 on the same day, he did not comply with the measurement of alcohol by the police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual condition survey report, report on the occurrence of a traffic accident, and photograph of the accident site;

1. Report on the results of the regulation of drinking driving, that of the control of drinking driving, that of the control of drinking driving, and that of the state of drinking drivers;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former Act on the Aggravated Punishment, etc. of Specific Crimes, which select punishment.

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