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(영문) 대전지방법원 서산지원 2020.01.08 2019고단985
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On January 24, 2008, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car.

On September 27, 2019, at around 05:30, the Defendant, while driving the said vehicle on the front side of the Drown-si, in a state where normal driving is difficult due to alcohol of 0.192% of the blood alcohol concentration, and driving the said vehicle on the front side of the Drown-si, and driving the vehicle along the two lanes in the direction of credit in the direction of credit in the direction of credit in the face of the amak-si.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, changing the lanes, etc. after examining whether there is a vehicle in the process of changing the lane before changing the lane.

Nevertheless, under the influence of alcohol, the Defendant neglected the course and changed the course of the vehicle into a single lane, followed by the Franchise part of the victim E(the age of 49) driving, which was proceeding on the right side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. Around 05:30 on September 27, 2019, the Defendant, while under the influence of alcohol, was in violation of the provision prohibiting driving under the influence of alcohol as above, driven B rocketing car from approximately 5km to the direction of the mutual influence of G located in G at the time of medical dust to the direction of the D-Wedle in the time of medical dust, while under the influence of alcohol content of 0.192%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's oral statement;

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