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(영문) 대전지방법원 천안지원 2019.09.26 2019고단1532
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 a person engaged in B rocketing car driving.

On May 30, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 00:53, the blood alcohol concentration of 0.221%, and led the roads in front of Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, to drive the vehicle at an aesthetic speed in the direction of the south-west distance from the wind direction.

Since there is a place where the center line of yellow-ray is installed, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the vehicle.

Nevertheless, the defendant neglected to do so while driving at the center line with the driver's negligence, resulting in the victim's drive D(51 years old)'s left-hand side part of the driver's car, which was driven by the driver's negligence, and was driven by the driver's vehicle.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, resulting in the victim’s dump satum in need of treatment for about two weeks.

2. Around 00:53 on May 30, 2019, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.221% from the 1km section to the place stipulated in paragraph (1) on the roads in front of a cafeteria located in the trade name, Cheongnam-gu, Chungcheongnam-gu, Cheongdong-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A survey report on actual conditions, a report on occurrence, the scene of accident, and vehicle photographs;

1. Report on the circumstances of, and investigation into, a drinking driver, notification of the results of the crackdown on drinking driving, and inquiry into the results of the crackdown on drinking;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 of the former Road Traffic Act [before partial amendment is made on December 24, 2018 (Enforcement Date) by Act No. 16037, Jun. 25, 2019];

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