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(영문) 대전지방법원 2017.10.25 2017고단3067
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Daejeon District Court, and on July 3, 2007, to a summary order of two million won for the same crime at the same court. On October 10, 2008, the Defendant was sentenced to a suspended sentence of six months for the same crime at the same court.

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

On June 24, 2017, the Defendant driven the said car under the influence of alcohol content of 0.247% in blood, and proceeded at a speed of about 20 to 30 km in the direction of cultural development on the side of Daejeon, with the house without the front signal, etc. in the Daejeon Middle-gu C, while driving the said car under the influence of alcohol content of 0.247% in alcohol.

At the time, there was a vehicle that had already been entering the intersection and stopped, so in such a case, a person engaged in driving a motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, and to make a good report on the traffic situation at the right and right and right and right and right and right and the prevent the accident by driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was unable to make a left-hand turn on the side of the belled-ro, and was driving by the victim E (V, 45 years old) who was reporting the Defendant’s vehicle and stopped the Defendant’s driving vehicle.

FAR set the top left-hand part of the vehicle driving the Defendant, which conflict with the top-hand part of the vehicle driving the Defendant.

Defendant 2 suffered injury, such as salt, tension, etc. by negligence in the course of duty, which requires approximately two weeks medical treatment, to the victim while driving a motor vehicle in a situation where normal driving is difficult due to the influence of such drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Vehicles involved in accidents and photographs showing drinking;

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

1. Application of Acts and subordinate statutes to report on investigation (the progress of medical treatment for victims, present status, etc.);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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