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(영문) 대전지방법원 논산지원 2019.04.26 2019고단99
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 B coaches or automobiles

On February 24, 2019, the Defendant driven the above car at around 03:40 on February 24, 2019, and proceeded ahead of the 269-19 Audit Road to the direction of the direction from the head of Simsan-si.

At the time, there was a late time, and its location is a private-distance intersection where a car stops due to a signal signal at the front. In such a case, a person engaged in driving of a motor vehicle has a duty of care to look at the front and rear left well and to prevent the accident in advance by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol content 0.127% by neglecting this, the Defendant's negligence of driving the above c or passenger car in a state of 0.127%, which led to the Defendant's failure to drive the above c or passenger car in a state of c or passenger car, and caused the Defendant's c or passenger vehicle's front part after driving the c or passenger car in a state of traffic at the front direction of the Defendant's direction.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol which is difficult to drive normally, and suffered injury, such as a hot spring, where there is no two inner sufferings for about four weeks in need of medical treatment.

2. Violation of the Road Traffic Act (driving) driving the c or passenger car as stated in paragraph 1 above while under the influence of alcohol with a blood alcohol concentration of 0.127% at the date and place specified in paragraph 1 above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Notification of the results of drinking control;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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