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(영문) 대전지방법원 2020.05.28 2020고단504
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 5, 2010, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) at the Daejeon District Court.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving) is a person engaged in driving a vehicle B-fab.

On January 14, 2020, the Defendant driven the above car at around 15:30 on January 14, 2020, and led to the flow of the three-lane new-dong road located in Dobong-gu Daejeon, Seosung-gu, Daejeon to a wooden slope from the air level.

At the same time, there was an intersection where signal apparatus is installed at the front of the road, so in such a case, the person engaged in driving service has a duty of care to check whether there is a vehicle waiting for signal by reducing speed and checking well the front door, and to safely drive the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected the above duty of care and was negligent in the course of business, while under the influence of 0.136% of blood alcohol level, and was waiting for left-hand turn turn at the front intersection of the Defendant’s front bank by negligence in the course of business, which led to the Defendant’s failure to reduce the speed, and received the part of the Defendant’s back to the front part of the DM5 car driving by the victim C (the age of 60).

As a result, the Defendant, while driving a fright-of-car in a situation where normal driving is difficult due to the influence of drinking, suffered bodily injury, such as fright-in salt, which requires the victim to receive approximately three weeks of medical treatment.

2. Around 15:30 on January 14, 2020, the Defendant violated the Road Traffic Act (driving a sound driving) driven a vehicle B-febb while under the influence of alcohol 0.136% at a level of alcohol level, and operated a vehicle around about 3 km in the roads located in Daejeon Seo-gu Daejeon-gu Daejeon, Daejeon to the roads located in Seodong-dong, Seodong-dong, Daejeon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the actual condition of a driver, the report on the statement of the situation of a driver, and the notification of the control of drinking driving;

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