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(영문) 대전지방법원 홍성지원 2020.05.12 2019고단909
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in the SP area B.

On 18:40 on 06. 18:0 on 06. 06. 18:40, the Defendant driven the said car with a blood alcohol concentration of 0.156%, and led to the change of the two lanes in front of Chungcheong Hong-gun C from two lanes to one lane, thereby running at a speed of about 30km per hour.

At the time, it was difficult for a road to stop, and at the same time, the signal lights and crosswalks were installed on the front side. In such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by properly operating the steering gear and brakes well, operating the steering gear and brakes accurately, observing the safety distance with the vehicle in front.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and was driven by the victim D (the 27 years old), who was standing in the signal atmosphere at that time at that time, due to negligence, and was driven by the victim D (the 27 years old), following the Estamping car, and received the part of the string part of the car in front of the string car.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, suffered injury to the said victim, such as fingers who need to receive approximately two weeks of medical treatment, tensions, tensions, etc. in the above rocketing car, and injury to the victim F (F (F) who was on board the said rocketing motor vehicle for about two weeks of medical treatment, such as pelviss, pelviss, and other details of unknown parts, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each traffic accident report and notification of the results of the control of drinking driving;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) as to the crime under the corresponding provision of the relevant Act, and Article 16037 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018)

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