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(영문) 대전지방법원 논산지원 2021.01.26 2020고단66
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B with the highest speed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On September 10, 2019, the Defendant driven the said car under the influence of alcohol level of 0.231% from blood transfusion around 10:10 on September 10, 2019, and led the roads front of the D Authorized Broker Office in C at the time of E market to the F apartment from the direction of E market.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant’s negligence by neglecting it and led to the Defendant’s front side of the Defendant’s vehicle, which was operated from the right-hand side of the Defendant’s vehicle to the left-hand side of the Victim G (Y, 59 years old) that was in progress from the right-hand side of the Defendant’s vehicle.

As a result, the Defendant driven the said low-speed car in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc., which requires approximately two weeks medical treatment, to the victim.

2. On February 21, 2007, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking) from the Daejeon District Court’s support on February 21, 2007.

The Defendant driven a “J restaurant” (hereinafter referred to as “J restaurant”), located in Seosan-si, Sinsan-si, B, with approximately 250 meters alcohol level 0.231% alcohol level, while under the influence of alcohol, from the section of approximately 250 meters to the place indicated in paragraph 1.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

K’s statement with respect to G

1. On-site survey report on the actual condition of making a notification of the results of regulating driving of drinking alcohol;

1. A diagnosis report (the details of receipt of the case, etc.);

1. A written inquiry, such as criminal history, and a written investigation report (as the same type of force);

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