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(영문) 대전지방법원 천안지원 2020.03.04 2019고단2669
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on November 25, 2016.

1. The defendant is a person who is engaged in driving of nibrid motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On October 11, 2019, at around 19:50, the Defendant, while under the influence of alcohol to the extent that it is impossible to identify the blood alcohol content, was able to breath and walked, with a large walk of walking, and with a large size of blood color, the Defendant, while under the influence of alcohol, driven the above vehicle in front of Asan City C, while driving the said vehicle in the state of under the influence of alcohol, such as a molding distance, and driven the road in front of Asan City C along the four-lanes from the actual distance room to D.

Since a crosswalk is installed on the front side and a signal is parked in accordance with the new code, the defendant engaged in driving of a motor vehicle has a duty of care to check the progress of the preceding motor vehicle and to safely drive the motor vehicle while maintaining a reasonable distance.

The Defendant neglected to do so and neglected to perform his duty at all times while under the influence of alcohol, and neglected to maintain a proper distance and the vehicle that was driven ahead of the above vehicle, and caused injury to the victim, such as catitis, which requires treatment for about two weeks, following the driving of the victim E (E, E, 25 years old) drive, which was driven ahead of the above vehicle.

2. Violation of the Road Traffic Act (Refusal of the measurement) by the Defendant on October 11, 2019, when he was driving a motor vehicle Bnibrid on the front of the ASEAN on the road prior to Busan City on October 11, 2019, the Defendant did not comply with the request of the police officer for the measurement of alcohol without justifiable grounds, on the grounds that there exist reasonable grounds to suspect that the Defendant was driving a motor vehicle while under the influence of alcohol, such as smelling, and the scam distance.

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