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(영문) 대전지방법원 천안지원 2018.11.19 2018고단1745
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 8, 2018, the Defendant driven the above vehicle while under the influence of alcohol level of 0.159% from blood level around 01:00, and led to a bypassing the above vehicle at a speed that makes it impossible for the Defendant to know from the side of the women’s hall to the elementary school due to the marbing marb, Seo-gu, Seo-gu, Seoan-gu.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by temporarily stopping or making a stop prior to entering a right line and properly manipulating the steering gear and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected it and was on the left-hand side of the Defendant who was driving on the right-hand side of the Defendant, is not detrimental to the Defendant’s right to defense of the Defendant of Dunsta-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa.

The part behind the right side of the defendant was received as the front part of the motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. On July 8, 2018, the Defendant: (a) driven a BM5 vehicle under the influence of alcohol concentration of approximately 0.159% from the 500 meters away from the edge of the wing line in the north-west-gu, west-gu, west-gu, west-gu, west-si without a driver’s license on July 8, 2018 to the front road of the Y-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under Article 5 of the relevant Act.

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