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(영문) 대전지방법원 천안지원 2017.05.26 2017고단573
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car of Category B Engines in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On February 6, 2017, the Defendant driven the above car in a state that it is difficult to drive normally due to the influence of alcohol that reaches 0.160% of alcohol concentration among blood transfusions at around 21:30%, and used the same distance in front of the D parking lot located in the south-gu Seoul Metropolitan City, Yaol apartment site at the pentaol apartment site, with a road not divided into the two lanes from the pentaol apartment site to the pentaol apartment site at the Dong-gu, south-gu.

At the same time, there was a duty of care to proceed in accordance with the order of priority in traffic when there was a vehicle crossing in another direction by properly examining the left and right of the front side of the Defendant engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the Defendant’s driving vehicle, which was driven by the victim E (38 Does) driving on the left side from the right side of the running vehicle of the Madoned Defendant due to the negligence in the course of his duties, which was unable to keep the front of the madon.

Defendant E caused the injury of the victim E by negligence in the course of performing the above duties, such as the face-to-face salt, which requires the treatment of approximately two weeks of care.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven B rocketing car in the state of alcohol alcohol content of approximately 0.160% from a section of about 150 meters from the front of the construction site of penta polyol apartment complex located in the Nam-dong, Nam-gu, Chungcheongnam-dong, Nam-gu, Chungcheongnam-do at the above day to the front of the D parking lot located in C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report (1)/ (2) (actual survey report), a copy of the ledger using a drinking measuring instrument, and a statement report on the situation of the driver in charge of driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the scene of accidents and photographs of accident vehicles;

1. Criminal facts;

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