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(영문) 대전지방법원천안지원 2020.12.16 2020고단2954
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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. On October 6, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a car Bn while under the influence of alcohol concentration of 0.160% on blood alcohol level on October 15, 2020, and led D front roads located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, to proceed to the direction from the direction of E apartment.

Since it is difficult for the vehicle to pass along at the same time as the vehicle is parked along the two-lane road from each side of the road, there was a duty of care to operate the vehicle by properly operating the steering system, making it difficult for the person engaged in driving of the vehicle to look well.

The Defendant, under the influence of alcohol, neglected to do so and judged that it would be difficult to pass simultaneously with the Defendant’s driver’s vehicle running on the opposite side of the above road, and the G K5 vehicle driving at the victim F (29 years old) who temporarily stopped was shocked into the front part of the Defendant’s left side of the vehicle.

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 15:20 on October 6, 2020, the Defendant driven a vehicle Bn while under the influence of alcohol of about 0.160% in a section of about 600 meters from the first road located in Seoan-gu, Seoan-gu, Seoan-si, Seoan-gu, Seoan-gu, Seocheon-si, to D’s front road located in Seoan-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

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

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

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2(3)2 and Article 44 of the Road Traffic Act.

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