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(영문) 대전지방법원 천안지원 2019.08.14 2019고단983
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 became 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 engaging in driving a B rocketing car.

On April 21, 2019, at around 14:40, the Defendant driven the said car while under the influence of alcohol of 0.131% of alcohol concentration, and was driving the two-lanes of the four-lanes of the four-lane roads in Western-gu C in Seoan-gu, Seoan-gu, Seoan-gu.

At the same time, signal lights have been installed on the front door, so in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as making the front door and left door well, and accurately operating the steering system.

The Defendant, while under the influence of alcohol, neglected to operate the brakes properly, led the victim E (50-year-old) driving, waiting for signal at the front section of the car of the Defendant, followed by the FEE driver car of the victim E (50-year-old) and shocked the part on the front part of the car of the Defendant.

Ultimately, the Defendant driven the Defendant’s car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. Around 14:40 on April 21, 2019, the Defendant driven a B rocketing car with a blood alcohol content of about 0.131% at the section of approximately 3km from the front of the G apartment in Western-gu, Western-si to the front of the Seoan-gu, Seoan-gu, Seoan-si, Seoan-gu, Seoan-si.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Report on the state of state of drinking drivers, investigation report (report on the state of drinking drivers), notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. A medical certificate;

1. Application of statutes on site photographs;

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

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