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(영문) 대전지방법원 천안지원 2017.02.24 2016고단2333
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Records of Crimes】 On November 8, 2013, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic laws in the Seocheon Branch of the Daejeon District Court on November 8, 2013, and a fine of KRW 3 million due to a violation of road traffic laws in the same court on December 19, 2014 and the charges of violating road traffic laws are more than four times.

【Criminal facts】 The Defendant is a person engaging in driving motor vehicles with a gallon.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, he again, while under the influence of alcohol leveling 0.227% of the blood alcohol level on November 6, 2016, the Defendant driven the said vehicle without obtaining a driver’s license, driving the said vehicle along the two-lanes in front C in the direction of the same distance from the direction of the transmission distance.

At the time of the defendant's running direction, the victim D (n, 30 years old-old-old-car)'s Echip-car is proceeding. In such a case, the driver had a duty of care to ensure safety distance that can be avoided in the event of the suspension of the motor vehicle, and to ensure the safety distance that can be avoided when the motor vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a motor vehicle in the vicinity of the above victim D while driving the motor vehicle in the vicinity of the above victim due to the negligence.

Ultimately, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the Victim F (F (F, 28 years of age) who is the partner of the said vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and F;

1. The actual survey report and each photograph;

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. Each written diagnosis;

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