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(영문) 대전지방법원 천안지원 2018.08.30 2018고단1649
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in driving of a motor vehicle B-to-pured.

On May 19, 2018, the Defendant driven the above vehicle while under the influence of alcohol level of 0.153% in light of the blood alcohol level on 01:22, and led the Defendant to drive the above vehicle at an insular speed of 0.153% in front of the viewing distance in the Yellow-gu, Seoan-gu, Seoan-gu, Seocheon-si, to a gallony department room at the gallony off of the playground.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected to do so while driving the said vehicle while under the influence of alcohol, such as influoring and walking, caused the injury of the victim C(52)’s left part of the D SP car running ahead of that vehicle due to the negligence of driving the said vehicle, by taking the front part of the Defendant’s vehicle, and taking approximately two weeks of treatment to the victim C, such as chills, tensions, tensions, etc., and the injury to the victim E (the victim, 33 years old), who is on the part of the damaged vehicle, in need of approximately two weeks of treatment.

2. On May 19, 2018, the Defendant was under the influence of alcohol level of 0.153% among blood transfusions on May 19, 2018. On the other hand, the Defendant was driving at the 14km section from the 14km section to the road front of the opening distance of the viewing gate in the Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. On-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury or injury caused by dangerous driving) regarding criminal facts.

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