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(영문) 대전지방법원천안지원 2020.12.21 2020고단2609
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Around 22:10 on August 12, 2020, the Defendant was driving a B-E car in a state of drinking approximately 0.203% alcohol level in the 1km section from the front post office located in the Seoan-gu, Seoan-gu, Seoan-gu, Seoan, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu to the front road.

2. On August 12, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said vehicle and driving it on August 22, 2020, and driving it on a two-lane road in the direct mountain distance of 13 U.S., Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seoan-do, along the two-lanes in the direction of Sung-Eup.

At night, a person engaged in driving of a motor vehicle has a duty of care to maintain a clear mind as a person engaged in driving of a motor vehicle, and to accurately operate the steering gear and brake system and operate it safely.

Nevertheless, while neglecting this, the Defendant was negligent in driving the D urban bus under the influence of alcohol level of 0.203% in a state of being drunk and in a state of difficulty in normal driving, such as a remote distance of walking, and received as the front part of the vehicle of the Defendant, the lower part of the D urban bus driven by the victim C (Nam, 59 years old) who is straight from the left side of the Defendant’s driving to the right side of the vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury to the victim, such as catheral and catum catum, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate prepared by C on the occurrence of a traffic accident;

1. Report on the results of appraisal;

1. Report on the result of the crackdown on drinking driving, and report on the circumstantial statement of a drinking driver;

1. On-site and vehicle photographs;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant provisions concerning facts constituting an offense;

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