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(영문) 대전지방법원 천안지원 2017.03.16 2016고단1942
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant is a person engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On September 17, 2016, the Defendant was under the influence of alcohol concentration of 0.161% among the blood transfusions around 01:08, and the Defendant was under the influence of alcohol at the 0.161%, along the two-lane intersections in the direction of the four-lane intersections in the northwest-gu, Seoan City.

Since the place is an intersection with a red on-and-off signal installed on the right side, a person engaged in driving of a motor vehicle has a duty of care to keep the signal well and prevent the accident in advance by safe driving, etc.

Nevertheless, due to the negligence of having entered the intersection as it is in contravention of the red-off signal, the Defendant was temporarily stopped to take account of the traffic situation of the intersection from the right side of the Defendant, while entering the intersection to the intersection, and then received the front part of the victim C (W, 24 years old) driving.

Ultimately, the Defendant, by occupational negligence, sustained injury to the above victim C, such as scopical salt, tensions, etc. requiring approximately three weeks of medical treatment, injury to the victim E (29 years of age) who is the passenger of the damaged vehicle, such as scopical salt, tensions, etc. requiring approximately two weeks of medical treatment, and injury to the same F (29 years of age) such as scopical salt, etc. requiring approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a car at a section of about 500 meters from the front side of the Daegam apartment in the Yan-gu, Seoan-gu, Seoan-gu, Seoan-gu, in the state of alcohol level of 0.161% during the day-to-day alcohol level, as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Each written diagnosis;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol, and a driver of drinking alcohol;

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