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(영문) 대전지방법원 2017.03.08 2016고단4121
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 C M& car.

1. On August 31, 2016, the Defendant driven the said car under the influence of alcohol with approximately KRW 0.171% alcohol concentration at the section of about 20km from the front of the restaurant where it is impossible to know the trade name in the Samcheon-gun, Chungcheongnamcheon-gun, Daejeon to the front of the entrance of Daejeon Daejeon-ro 7673,00.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was driving a two-lane road of 0.171% of alcohol concentration in blood while under the influence of alcohol at the entrance of Daecheon-gu Daejeon Daejeon, Daejeon, Daejeon, pursuant to paragraph 1, the said vehicle was driven along one-lane toward the funeral ceremony on the side of the Bhuhudong, while driving the said vehicle under the influence of alcohol concentration of 0.171%.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes for those engaged in driving vehicles, and by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving the steering gear and brakes without properly operating the steering gear and brakes, was invaded by the center line, and the victim D (V, 52 years old) who was in progress at the two-lanes of the adjoining part, was completely set on the front part of the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury such as salt, tension, etc. of the bones of wood that requires approximately three weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning the crime (the act of causing bodily injury to the driving of danger) and the Road Traffic Act.

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