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(영문) 대전지방법원 2018.04.11 2017고단4165
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who drives a vehicle with C highest strings, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On September 5, 2017, the Defendant driven the said car under the influence of alcohol content of 0.200% in blood around 23:08, while driving it, and continued to drive it on the right side to the right side of a mountain village, which is located in the Seo-gu Gama Park, Seo-gu, Seoul, Seo-gu, Seoul.

At the time, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle at the time of the right-way and to prevent the accident in advance by safely driving the motor vehicle in the course of the right-way.

Nevertheless, the Defendant, while under the influence of alcohol, failed to accurately operate the steering gear without accurately operating the steering gear, and invaded the center line on the opposite side of the moving direction, and received the front part of the victim D(59) E-Poter’s left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, and suffered from the injury of the victim, such as the cryp and the acute salt of the crypus for about three weeks.

2. Violation of the Road Traffic Act (drinking driving) driving a motor vehicle with a blood alcohol content of at least 0.20% from the 2km section of approximately 0.20%, while under the influence of alcohol, from the day before the Home Packer in Seo-gu Daejeon Seo-gu, Daejeon, to the front road of the Gama Park in Seo-gu, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. The application of Acts and subordinate statutes to the traffic accident report (1) (2), photograph, statement of the circumstances of the driver in charge, investigation report (report on the circumstances of the driver in charge), and inquiry of the results of crackdown on the driving of drinking alcohol;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment, etc.

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