(영문) 대전지방법원 2018.01.09 2017고단3695

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(영문) 대전지방법원 2018.01.09 2017고단3695

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CMW U.S. car.

1. On August 16, 2017, the Defendant driving the said vehicle under the influence of alcohol content of 0.206% in blood at around 00:13, and driving the said vehicle under the influence of alcohol content of 0.206%. On August 16, 2017, the Defendant continued three lanes prior to Daejeon Seo-gu, Seo-gu, Daejeon along the two-lanes of the two-lanes of the two-lanes as the four-lane distance away from the four-distance radius.

At this point, the vehicle signal, etc. is yellow on-and-off signal, and there is a crosswalk where the pedestrian signal, etc. is taken off, so in such a case, the driver of the vehicle has a duty of care to stop in front of the crosswalk to check the safety of the course by checking well the right and the right and the right of the road in front of the crosswalk, and to prevent the accident.

Nevertheless, due to the negligence of being negligent in driving, the Defendant received from the right side of the Defendant’s proceeding to the right side of the road, the Victim F (F, 19 years old), which was a road by using the crosswalk from the left side of the road to the right side of the said vehicle.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as a teaching frame of the 14 week therapy to the above victim.

2. On August 16, 2017, the Defendant was under the influence of alcohol content of 00:206% during blood transfusion on August 16, 2017, the Defendant driving the said Urine car within approximately 500 meters from the front of the “H” in Seo-gu Daejeon to the front road located in the same Gu E in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 1 of the Road Traffic Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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