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(영문) 대전지방법원 천안지원 2021.01.11 2020고단2851
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

The Defendant is a person who is engaged in driving of the fourth motor vehicle.

1. On June 9, 2014, the Defendant was issued a summary order of KRW 4 million as a crime of violating Road Traffic Act (drinking) in the support of the Daejeon District Court, Daejeon District Court, for a violation of Road Traffic Act (drinking).

Defendant 1, who had been punished for driving a motor vehicle, etc. under the influence of alcohol as above, driven the NAS motor vehicle under the influence of alcohol with approximately 0.189% alcohol concentration at around 500 meters from the Do in front of the “D” restaurant located in the Southern-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Seoul, to the front of the E apartment Fdong at approximately 500 meters.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above NV car around the time indicated in paragraph (1) and proceeded with one lane of the two lanes in front of the south-dong apartment E apartment F-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

At the time of night, a person engaged in driving of a motor vehicle had a duty of care to prevent accidents in advance by viewing the right and the right of the motor vehicle well.

Nevertheless, the Defendant, as described in paragraph 1, was negligent in the course of duty in driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking such as a remote distance, etc., and the part behind the H QM3 motor vehicle of the victim G (VM 43 years old) who driven the motor vehicle in front of the direction of the Defendant’s driving was shocked by the front part of the fourth motor vehicle of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written statement of G and I;

1. Medical certificates, on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The report on the actual condition of survey and the occurrence of any traffic accident;

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