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(영문) 대전지방법원 천안지원 2019.05.24 2019고단258
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a NAS car.

On December 9, 2018, at around 05:30, the Defendant driven the said car with a blood alcohol concentration of 0.113% 0.13%, and led to the driving of the said car along the two-lanes between the four-lanes of the printing window distance of the civil culture center and the history distance of the citizens' culture center located in the Sung-dong, Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu.

At the time, the Defendant was at the front of the 44 years old car driven by the Victim C (the 44 years old), and therefore, the driver of the vehicle had a duty of care to see the front door well and to prevent the accident by accurately manipulating the brake system.

Nevertheless, under the influence of alcohol, the Defendant did not neglect it and did not operate the operation system properly, and conflict with the back part of the said rocketing car with the occupational negligence that did not operate the operation system.

As above, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim C, such as knee knee knee knee fele fele, tension, etc., and suffered injury to the victim E (the victims E (the victims of age 28) in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of traffic accident occurrence and E’s letter statement;

1. A report on traffic accidents and a report on actual condition;

1. Report on the circumstantial statements and investigation report of the employer (report on the circumstances of the employer driver);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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