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(영문) 대전지방법원 천안지원 2019.08.22 2019고단1320
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and four 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

1. Around 10:55 on June 4, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.273%, and the Defendant driven a DNA car at a section of about 500 meters from the roads front of the Dong-gu Seoul Metropolitan Government B elementary school in Yananan-gu to the C underground car in Seoan-gu, Seoan-gu, Seoan-gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) is a person engaging in driving a DNA car.

On June 4, 2019, at around 10:55, the Defendant driven the said car under the influence of alcohol, as in the foregoing paragraph 1, and led to a two-lane road in front of the exit of the Western-gu C Underground Road in the West-gu, Seoan-gu, Seoan-gu, to a speed not to be known to the Ehigh School.

At the time, the Defendant driven a G rocketing car driven by the Victim F (F, South, 47 years old). In such a case, the Defendant had a duty of care to maintain safety distance to those engaged in driving duties and to prevent traffic accidents by emphasizing the right and the right and the right.

Nevertheless, the Defendant tried to find out and operate the said rocketing car which is stopped by the intersection during the course of driving in close vicinity to the said rocketing car which the victim is driving under the influence of alcohol, but by negligence going through the speed pedal, led to the Defendant to take the behind-winger of the said rocketing car into the Defendant’s car by using the Defendant’s car, and due to the impact of the said rocketing car, caused the said rocketing car to be pushed back by the Defendant’s first class and the third wheeler of the said rocketing car driven by the victim H (ma, 53 years old).

Ultimately, the Defendant suffered from the victim F’s occupational negligence on the right side and the pelvis, etc. in need of approximately three weeks of medical treatment, and on the part of the victim H, the victim H suffered injury, such as salt, tension, etc. of a drilling that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports (victim H telephone communications) 1.

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