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(영문) 대전지방법원 천안지원 2019.05.23 2018고단3055
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. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is engaged in driving automobiles;

On September 4, 2018, the Defendant driven the said car under the influence of alcohol of 0.142% with a blood alcohol concentration of 0.142% on September 4, 2018, and driven the road of 4 lanes located at the point of 337 km Seoul in the Gyeong Highway Seoul direction at a speed of about 100km each other along three lanes.

At the time of night, it was difficult to see that the front door of the road was flowed, and the road was slicked. In such a case, there was a duty of care to prevent accidents in advance by properly manipulating the brake system while a person engaged in driving of a motor vehicle is well aware of the front door.

Nevertheless, the Defendant neglected this and neglected the face to the extent that it is difficult to drive under normal conditions, such as red and irregular streets, and was negligent in failing to properly operate the brakes, and received the rear part of the victim C(the age of 47) driving ahead of the same direction as the front part of the Defendant’s car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered bodily injury, such as fingers, grandchildren, and other parts that require treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the same time and time as the above Paragraph (1) and driven a vehicle B with a blood alcohol concentration of about about 10km from around 10km to around 337 km points in the Dong-dong, Seoan-gu, Seoan-gu, Seoan-gu. to the point of 337 km in Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on each traffic accident, scene of accident, photographs of relevant vehicles, and intensity at the scene of the traffic accident;

1.Notification of the results of the regulation of drinking driving, the report on the situation of drinking drivers, and

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