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(영문) 대전지방법원 천안지원 2021.01.22 2020고단2987
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 22, 2020, the Defendant driven a car with a F mother under the influence of alcohol content of about 0.219% from a section of about 500 meters from the front of the Cju store located in Asan-si B to the front of the E church located in Asan-si D in Asan-si.

2. The Defendant is a person who is engaged in driving a car with F mother in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

Defendant 1 driven the said car in a state where it is difficult for Defendant 2 to drive the car normally due to the foregoing in the above-day border, and was driven along the two-lane road from the surface of the Eastcheon church street to G gate.

At the time, the victim H was at night and at the front of the night, and the I rocketing car driven by the victim H was stopped in accordance with the stop signals, so in such a case, the driver had a duty of care to look at the front and right of the vehicle well and to prevent the accident by accurately manipulating the steering system and the brake system of the vehicle and to prevent the accident from spreading.

Nevertheless, in order to turn to the left at the front by negligence while neglecting this, the Defendant received the back part of the rocketing passenger car, which was in the signal atmosphere, from the front part of the motor vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., which requires approximately three weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on a traffic accident, an investigation report on the occurrence of a traffic accident, and a written statement on the occurrence of a traffic accident;

1. An accident scene photograph;

1. A medical certificate;

1. The application of Acts and subordinate statutes to inquire into the results of crackdown on driving alcohol and make a statement under the circumstances of drivers;

1. Article 5-11(1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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