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(영문) 대전지방법원 천안지원 2020.04.24 2019고단3375
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 motor vehicle B.

1. On December 1, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) (the Defendant), while under the influence of alcohol with a blood alcohol concentration of 0.140% on the 19:40% on December 1, 201, was driving at a speed that would not be known in the direction of Chigh School from the direction of C High School to the direction of D Elementary School.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance, such as reducing speed and accurately manipulating the steering direction and brake system by checking well the right and the right according to the situation of traffic prior to the operation of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to go through the intersection due to the influence of drinking, followed by passing through the intersection, and proceeded to turn to the left at the right-hand turn on the opposite left-hand turn, and received the front part of the FSpo-hand car driven by the victim E (the aged 26) in the atmosphere.

Ultimately, the Defendant, by such occupational negligence, suffered injury to the victim G (the 27 years old), such as salt ties, tensions, etc. in need of approximately two weeks of medical treatment, and injury to the victim G (the 27 years old) who was accompanied by the said spati-land car, such as spawd satum, tensions, etc. requiring approximately two weeks of medical treatment, and suffered injury to the victim H, who was accompanied by the said spati-land car, for about two weeks of medical treatment.

2. Around 19:40 on December 1, 2019, the Defendant driven the said vehicle while under the influence of alcohol of about 0.140% of the blood alcohol concentration from the section of about 1km from the 1km to the location of the accident as described in paragraph (1) on the roads near the Seo-gu I market in Seoan-gu, Seoan-gu to the location of the accident.

Summary of Evidence

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