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(영문) 대전지방법원 천안지원 2019.11.29 2019고단1389
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

On August 16, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court’s branch on August 16, 2010. On August 26, 2013, the Defendant received a summary order of KRW 7 million as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court’s Branch of the Incheon District Court.

1. The Defendant is a person who is engaged in driving of Bone Star bus in violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

On May 24, 2019, at around 18:40, the Defendant driven the above van while under the influence of alcohol with 0.193% of alcohol concentration 0.193%. On May 24, 2019, the Defendant sent a signal at one-lane of the three-lane roads in the West-gu, Western-si C.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as ensuring a sufficient distance to avoid collisions with the previous motor vehicle, by making a person engaged in driving the motor vehicle well-round and left, operating the steering direction and brake system accurately.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to operate the operation of the brake system and led the victim E (the 22-year-old driver) to the front part of the Defendant’s pan-furged vehicle, which was waiting for signal at the same lane.

After all, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment from the victim E and the victim G (V, 20 years of age) who is the victim E and the passenger.

2. On May 24, 2019, the Defendant violated the Road Traffic Act (driving) and once again, in violation of the provision on the prohibition of drunk driving, the Defendant driven Bone Star Co., Ltd., while under the influence of alcohol at least 0.193% of alcohol concentration on the front of the Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report;

1. Exemplary drivers;

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