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(영문) 대전지방법원 2019.05.23 2019고단434
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On January 21, 2019, at around 17:15, the Defendant, while driving the said vehicle with a alcohol level of 0.183% and making it difficult to drive the said vehicle normally, and driving the Daejeon Middle-gu basin flow from the Roman to the flooding intersection, the Defendant came to enter the right side of the parallel parallel of the parallel parallel of the two-lane each other while driving the said vehicle at the speed of 0.183%.

Since there was a road where a central line has been installed, there was a duty of care to prevent accidents that may occur in advance, such as reducing speed for those engaged in driving of a motor vehicle and operating the steering gear and brakes properly, thereby allowing them to enter the road, etc.

Nevertheless, the Defendant neglected this and followed a speed pedal instead of a brack in alcohol, and was negligent by the negligence of the median of the center line of the road in the Asia-Pacific River in the right direction of the Defendant, and received the front part of the victim C(34 years old) 2 truck in the course of operation in the direction of the Defendant’s direction as the front part of the car of the Defendant.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim C, such as salt and tensions that require approximately two weeks of medical treatment, and the injury to the victim E (the victim 49 years of age) who is the passenger of the victimized vehicle, for about ten days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes, such as a traffic accident investigation report, accident site photograph, etc., inquiry into the results of the drinking driving control, the report on the actual state of drinking drivers, and medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a drinking run);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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