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(영문) 대전지방법원 천안지원 2020.06.16 2020고단488
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a Brodi license car.

On December 14, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.108% 0.108% 0.03 on December 14, 2019, and proceeded at a speed of 20 to 30 km each other at the speed of 20 to 30 km each from the intersection of public water according to one lane towards the distance of a exhaustr prevention agent in front of 1975, as hot spring.

At all times, a person engaged in driving of a motor vehicle using a private street crossing has a duty of care to safely drive the motor vehicle by taking into account the signal of the intersection and the operational situation of the motor vehicle ahead of it.

Nevertheless, the Defendant neglected this and led the victim C (Nam, 26 years old) driving in the same direction when it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and led the victim C(Seoul, 26 years old) driving in the same direction to the front part of the vehicle operated by the Defendant.

Ultimately, the Defendant suffered from the Defendant’s injury to the Defendant’s base and tension, which requires approximately two weeks of medical treatment by occupational negligence as seen above.

2. Around 00:03 on December 14, 2019, the Defendant driven a Bro-ray car while under the influence of alcohol content of about 8.5km from a section of about 8.5km to a distance prior to the distance of ship epidemics, located in 1975, according to the hot spring from the south-gu, dong-gu, dong-gu, Sinsan-si, Sinsan-si, the Defendant driven a Bro-ray car under the influence of alcohol content of about 0.108%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the accident site photograph;

1. Report on the results of the crackdown on drinking driving, the report on the state of the drinking driver's standing statement, and investigation report (report on the state of the drinking driver);

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 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act (or respectively

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