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(영문) 대전지방법원서산지원 2020.08.20 2020고단523
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

1. On December 15, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a B-A-purd motor vehicle with blood alcohol concentration of 0.097% under the influence of alcohol level around 03:52 on December 15, 2019, while driving the B-A-purd motor vehicle at a speed that is difficult to know in the direction of the trining road in front C at the time of

Since there is a place of separation of the center, the driver of the vehicle has a duty of care to thoroughly drive the vehicle on the right side of the center separation zone.

Nevertheless, under the influence of alcohol, the Defendant neglected to pay attention to the Jeonju City, and neglected to drive the vehicle in accordance with the direction of the vehicle in this section due to the negligence attributable to the left-hand lane of the Central Separation Zone, and received the part of the front-hand part of the victim D(Seoul, 58 years old) driving E G80 vehicle in the upper part of the said Aburged vehicle.

As a result, the Defendant driven the said A-Wurt-Wur-Wur-Wurl Motor Vehicle in a situation where normal driving is difficult due to the influence of drinking, and the Defendant suffered from the injury of the body that is influent in detail the need for medical treatment for about 12 weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a vehicle of mutual unfluort turged from the front of a restaurant in the mutual unfluent road at the time of the immediate border, such as the foregoing paragraph (1), to the front of the road at the time of the same hour, to the roads in the same city C.C., while under the influence of alcohol concentration of about 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstantial statement and investigation report of the host driver (with respect to the circumstances leading to the death or injury caused by dangerous driving);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb

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