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(영문) 대전지방법원서산지원 2020.09.23 2020고단595
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On December 4, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's Msan Branch on December 4, 2012, and on March 16, 2020, issued a summary order of KRW 10 million for a violation of the Road Traffic Act (refluence of drinking measurement) at the Seosan Branch of the Daejeon District Court's Seosan Branch.

1. On March 18, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven CK7 car under the influence of alcohol leveling 0.252% of blood alcohol level at the time of Jinjin-si on March 18, 202, while driving CK7 car at a speed that would not be known in the direction of the E Island in the direction of the E Island.

Since there is a center line of yellow solid lines, the driver has a duty of care to safely drive the vehicle to the driver.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim D (Nam, 53 years old) driving on the opposite lane due to the negligence of breaking the center line, and received the front part of the E-Track vehicle as the front part of the K7 vehicle.

Ultimately, the Defendant driven the said K7 car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury to the victim, such as a hot spring in which there is no open two shops in need of treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a C K7 vehicle under the influence of alcohol with approximately 0.252% of alcohol concentration from the front side of the tingu Public Treatment Center at the 379 mnife m379 mnife in a temporary border such as the above paragraph (1) to the front side of the B-road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. A report on traffic accidents and a report on actual condition;

1. Written request for appraisal, and written report on the situation of the driver;

1. Blue image;

1. A medical certificate;

1. A statement on criminal records, etc.;

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