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(영문) 대전지방법원천안지원 2020.08.10 2020고단1146
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 31, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the support of the Daejeon District Court on January 31, 2017.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving B-learning automobiles.

On April 17, 2020, at around 22:30, the Defendant driven the said car while under the influence of alcohol with 0.128% of blood alcohol concentration, and led the Defendant to drive the said car along the intersection of civil company distance in the Asan City Hot Spring-si, Asan City, along the direction from the 5-distance side to the C Apartment, one-lane.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving service.

Nevertheless, the Defendant neglected this and got the right side of the victim E(E, 56 years old) driving by the victim E(E, E, 56 years old) driving from the side of the closed D pharmacy to the view of Asan Viewing by the negligence of entering the red signal in violation of the signal.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive it normally due to the influence of drinking, and suffered injury, such as the left-hand hand boom, which requires treatment for about four weeks, by the victim.

2. The Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) did not obtain a driver’s license at the time and place specified in Paragraph 1, and operated a B-learning car with a blood alcohol concentration of 0.128% at least twice without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Two copies of a medical certificate;

1. Notifications of the results of drinking control and circumstantial reports of drinking drivers;

1. Registers of driver's licenses and details of cancellation thereof;

1. Photographs related to traffic accidents;

1. A previous conviction in judgment:

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