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(영문) 대전지방법원 천안지원 2019.06.03 2019고단846
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than nine 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 passenger car in B SP.

On March 17, 2019, at around 00:15, the Defendant driven the said car while under the influence of alcohol of 0.226%, and proceeded with the front road of the “D” located in Seo-gu, Western-gu, Seoan-gu, Seoan-gu, Seoan-gu, with the two sides from the west to the west.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system while keeping well the traffic situation of the front side.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while driving a motor vehicle while normal driving is difficult, and the Defendant followed the victim E (the age of 24) who was coming from the front bank, thereby resulting in the Defendant’s occurrence of approximately two weeks of medical treatment and other unexploited parts of unknown details.

2. On the date specified in the above paragraph (1), the Defendant driven a B Sti-type car without a driver’s license at a distance of about 300 meters from the front day of the Western-gu Northern-si to the place where accidents specified in the above paragraph (1) occur.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A report on the actual state of the driver;

1. A traffic accident report;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing a dangerous driving), Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of driving a sound driving) concerning the crime, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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