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(영문) 대전지방법원 천안지원 2019.05.02 2019고단86
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving motor vehicles B.

On September 18, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.109% of alcohol concentration of 04:20%, and led the Defendant to drive the said vehicle at a non-speed speed of three lanes in accordance with three lanes among the five-lane 4 lanes in the inner gate of the gropo-si.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to safely drive the steering room and the right and the right and the right of the motor vehicle and to accurately operate the steering gear.

Nevertheless, the defendant's negligence in driving the above vehicle while it is difficult to drive the vehicle normally due to influence of drinking, such as influorous and walking, etc., he received the back part of the victim's D Ra (25 years old) driving from the front part of the defendant's vehicle and sustained the victim C and the damaged vehicle, and suffered from the victim E (V, 23 years old), respectively, for about two weeks of treatment.

2. Around 04:20 on September 18, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.109%, and the Defendant was driving a vehicle from the 45km section to the 363km away from the 363km away from the Gannam-dong High School Office to the 363km away from the Gannam-dong High School Office.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. The actual survey report and the occurrence of traffic accidents;

1. Report on the circumstantial statement of a drinking driver, investigation report, report on the results of drinking alcohol measurement, and notification of the results of the control of drinking alcohol driving;

1. Photographs of each vehicle;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Each Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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