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(영문) 대전지방법원 천안지원 2020.06.24 2020고단498
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 cars BM7

On January 15, 2020, at around 22:04, the Defendant driven the said car while under the influence of alcohol with 0.245% of alcohol concentration, and led the front of Asan City C to drive the said car at the 0.245% of the foregoing car, from the surak distance away from the surak distance.

At the time, the vehicle was stopped at night and at the front door, so in such a case, the driver of the vehicle had a duty of care to live well in the front door and safely drive the vehicle to prevent the accident in advance.

When the Defendant was negligent in neglecting his duty to drive normally due to influence of drinking, and was negligent in failing to frightly and at the same time driving, the Defendant was driven by the victim D (the age of 45) who was stopped for the signal atmosphere at the intersection in front of the direction of the collision, and received the part of the vehicle driven by the Defendant as the front part of the car driven by the Defendant.

As above, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained injuries such as the victim FF (F, 38 years old), G (F, 58 years old), and H (V, 44 years old) who were on board the victim D and the above vans for six days.

2. The Defendant violated the Road Traffic Act (driving) driven BM7 automobiles under the influence of alcohol with a blood alcohol concentration of 0.245% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Report on the statement of the state of his/her driver, investigation report (report on the state of his/her driver), and written appraisal of blood alcohol;

1. Certificates of entrance/discharge (D, G, H, and F);

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

1. Prior to the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes by each of the relevant provisions of the Act on the Criminal Crimes, the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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