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(영문) 대전지방법원 2017.05.18 2017고단862
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 11, 2016, the Defendant driven the above vehicle while under the influence of alcohol level of 0.175% during blood transfusion around 20:30 on December 11, 2016, and driven the road in front of the Women Manpower Development Center located in Nam-gu, Incheon Metropolitan City, along the direction of the sand market in the direction of the river basin.

At the time, there was night, and there was three-lane roads in which the passage of vehicles is frequent. In such a case, there was a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected his/her duty to drive under normal conditions due to influence of drinking, while driving in the front of the same lane, and took the DNA wheeling vehicle of the victim C (33 ) who stops in the same direction as a signal signal at the front of the same lane, into the left side of the Defendant’s vehicle, and continued to stop in the front section of the victim E (64 ) who was driving in the front section of the vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as light oil, fluoral salt, etc., which requires approximately two weeks of medical treatment, and injury to the victim E, such as salt, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A E-document;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, survey reports on actual conditions, field photographs, reports on the circumstances of the driving of main drivers, reports on the detection of primary drivers, and circumstantial statements of drivers of main drivers;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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