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(영문) 대전지방법원 천안지원 2017.04.27 2017고단528
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B by violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 28, 2017, the Defendant driven a two-lane road of two-lanes of the two-lanes in the north-gu, west-gu, west-gu, west-gu, west-gu, in the shape of alcohol level of 0.198% in blood, while under the influence of alcohol level of 43-20%, and led the Defendant to drive the said vehicle at a non-speed speed from the right edge to the right edge of the mountain distance in the direction of the street along the first lane.

At the time, there are nights and places to enter the underground passage, so in such a case, there was a duty of care to prevent accidents in advance by seeing the front door and accurately manipulating the steering system, etc. for those engaged in driving business.

However, the Defendant was under the influence of alcohol and was negligent in failing to properly operate the brake system while neglecting his duty in front of the vehicle. The Defendant got off the back of the loading box of the D Poter Cargo Driving in the direction of Defendant C(54 ) which was driven by the victim C(54 ) in the direction of Defendant’s proceeding.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer from an injury, such as fluoral salt, which requires approximately two weeks medical treatment due to occupational negligence.

2. Around 02:50 on February 28, 2017, the Defendant driven a bn vehicle in the state of alcohol alcohol level of approximately 0.198% in the section of approximately 700 meters in the direction of the two-use under the influence of alcohol level of the blood alcohol level, from the vicinity of an open dental in the B-gu, Seo-gu, Yan-gu, Yan-dong to the two-use underground road located in approximately 43-20 meters as her pair.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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