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(영문) 대전지방법원천안지원 2020.11.25 2020고단2298
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

On February 25, 2009, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on February 25, 2009. On July 22, 2009, the Seoul Central District Court was sentenced to a suspended sentence of 2 months by imprisonment for a violation of the Road Traffic Act.

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 C-A-W

On August 13, 2020, the Defendant driven the said vehicle at a speed of 0.206% with alcohol concentration of 0.206% around 18:12, and driven the said vehicle at a speed of about 40km per hour depending on two lanes from the flusium distance to the flusium movable property.

At that time, the defendant was followed by the FF of the victim B (the age of 27) driving prior to the same direction, and therefore, the driver of the motor vehicle had a duty of care to ensure that the driver of the motor vehicle well sees the situation, secure the safety distance to avoid the stop of the motor vehicle, and prevent the accident in advance.

The Defendant neglected this and found it late to stop a passenger car under the influence of alcohol as above, and took a sudden operation measure, but did not stop, and the Defendant was able to drive a vehicle with the front part of the Aburged vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

2. The Defendant, at the time and place specified in Paragraph 1, was driving a C-to-pured vehicle under the influence of alcohol content of 0.206% at a place.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. The report on traffic accidents, the actual condition survey report;

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