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(영문) 대전지방법원 천안지원 2018.11.15 2018고단2396
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 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 engaged in the driving of the body B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving).

On September 15, 2018, the Defendant driven the front road of the 985 commercial apartment, as the Asan City hot spring on September 15, 2018, in the state of 0.127% alcohol concentration in blood, from the view of the Jinsan-dong university.

At the same time, there is an intersection where signal lights are installed, so the Defendant, who is engaged in driving, has a duty of care to safely operate the vehicle by examining the progress of the vehicle in advance.

Nevertheless, the Defendant neglected this and neglected to perform his duty at the front time in a state where normal operation is impossible due to influence of drinking, and neglected to perform his duty at the front part of the foregoing vehicle, and received the back part of the victim C (Y, 59 years old) driver's divers of the instant vehicle which was stopped under the new subparagraph, and suffered injury, such as divers and tensions, which require approximately two weeks of medical treatment.

2. On September 15, 2018, the Defendant: (a) driven a bro vehicle under the influence of alcohol leveling 0.127% from 06:50 on September 15, 2018 to 985, as from Asan City hot spring, from Asan-si Cropool apartment, to 0.127% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. On-site photographs;

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. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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