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(영문) 대전지방법원 천안지원 2019.06.12 2019고단262
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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 engaging in driving a car with B Evole.

On December 30, 2018, the Defendant driven the said car while under the influence of alcohol of 0.110% of blood alcohol concentration around 08:40 on December 30, 2018, and led to two-lanes of the three-lane roads in front of Samsung, Seo-gu, Western-gu C apartment in Samsung, Seoan-gu.

At the same time, there was a victim victim D's frighting car in the same direction, and thus, a person engaged in driving service has a duty of care to safely drive by reporting the situation of the frighting transport and accurately manipulating the steering gear, etc.

The Defendant neglected this and proceeded with the back part of the victim's vehicle driver's vehicle due to the influence of alcohol while normal driving is difficult due to negligence.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

2. Around 08:40 on December 30, 2018, the Defendant driven a motor vehicle B, EW, EW, EW, from the road inside the Yananan-dong, Seo-gu, Seoan-gu, Seocheon-si, Seoul, to the road front of the Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, the alcohol content of which is 0.110%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report, actual condition investigation report;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (1) of the Road Traffic Act, the choice of imprisonment for a crime shall be made.

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