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(영문) 대전지방법원 천안지원 2019.09.25 2019고단1721
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car with B's physical examination.

On June 29, 2019, at around 00:40, the Defendant driven the said car with a blood alcohol concentration of 0.162% 0.162%, and proceeded along two-lanes between the two-lanes of the women's hall located in 129 as in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu.

At the time of the defendant's front time, DK5 taxi operated by the victim C(49 years old) was stopped for the signal waiting, and thus, the driver of the vehicle had a duty of care to care in advance by accurately operating the brake system and to prevent the accident.

The Defendant, while under the influence of alcohol, did not neglect it and did not properly operate the operation of the operation system, conflict with the back part of the said taxi due to occupational negligence.

As above, the Defendant driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and inflicted injury on the victim, such as salt, tension, etc. in need of medical treatment for about two weeks, and “F” in the written indictment of the victim E, a passenger boarding a taxi, is a clerical error.

(A) Around 26 years of age, there were two weeks of age injury to salt ties, tensions, etc. in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents, and reports on traffic conditions;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Each written diagnosis;

1. Application of statutes on the site and vehicle photographic data;

1. Relevant Act on the Punishment, etc. of Specific Crimes and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.

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