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(영문) 대전지방법원 2018.02.19 2017고단4528
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

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

On October 20, 2017, the Defendant driven the said car under the influence of alcohol content of 0.209% in blood at around 22:04, while driving the said car, and, at the same time, the Defendant continued two lanes from the border research complex to the third class fire station, the four-lane roads in the vicinity of the three-type intersections located in Sejong-ri, Sejong-ri, 842-1.

At this point, it was a road where the center line of yellow-ray was installed, so in such a case, the driver had a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents in advance by accurately operating the steering system.

Nevertheless, the Defendant neglected to drive under the influence of alcohol in a state where normal driving is difficult due to the occupational negligence going beyond the median line, and was driven by the victim D (W, 51) who was standing in the traffic signal atmosphere at the first lane of the road opposite to the mastren, and was driven by the Defendant as the front part of the car in front of the Defendant.

As a result, the Defendant suffered injury to the victim, such as cathere, catum salt, tension, etc., which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Request for appraisal or response to a request for appraisal;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. Notification of the results of regulating drinking driving;

1. Notification of the results of regulating driving of drinking alcohol (blood collection result);

1. Statement of the circumstances of the driver involved in driving;

1. A report on the circumstances of the driver at home;

1. Medical certificate (D);

1. Application of statutes on field photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);

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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