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(영문) 대전지방법원 2019.03.20 2018고단4598
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 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 a motor vehicle B.

On November 14:40 of 2018, the Defendant driven the said car while under the influence of alcohol, and driven the three-lane road in front of the Daejeon Seodong-gu C Community Center at the speed of about 136 km from the direction of the Taedong-gu Seoul Community Center at a speed of about 136 km from the direction of the Taedong-gu.

At the time, there was a 70 km section at the speed of 70 km and there was a vehicle stopping on the front side, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to observe the restricted speed and to safely drive the steering gear, brakes, etc. of the motor vehicle and prevent the accident in advance by accurately manipulating the steering gear, brakes, etc.

Nevertheless, the Defendant was negligent in operating the restricted speed more than 66 km due to driving on the face while it is difficult to drive in a normal condition due to the influence of alcohol, and the part behind the Defendant’s vehicle in front of the Defendant’s vehicle of the Victim D(44 years old) driving in the front line of the signal signal at one lane in the front line, and the left part of the Victim F (F, 64 years old) driving in the front line of the two lanes in the front line, and the Defendant got the front part of the Defendant’s vehicle of the Victim H(F, 69 years old) driving in the front line.

As a result, the Defendant, while driving the said car in a situation where normal driving is difficult due to influence of drinking, suffered bodily injury such as light signboards, signs, etc. requiring a medical treatment for about six weeks to the victim D, injury of climatic salt, tensions, etc. requiring medical treatment for about two weeks to the victim F and the victim J, respectively, and injury of the victim H and the passenger, such as salt, tensions, etc. of the clif of the light that require medical treatment for about two weeks to the victim K, respectively.

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