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(영문) 대전지방법원천안지원 2020.08.24 2020고단932
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 6, 2015, the Defendant was issued a summary order of KRW 3 million at the Suwon District Court’s horizontal Housing Site as a crime of violation of the Road Traffic Act (driving of Drinking).

【Criminal Facts】

1. On April 4, 2020, at around 03:25, the Defendant driven a Fspon vehicle with a blood alcohol concentration of about 0.218% in the section of approximately 6km from the front of C in Western-gu, Western-si, Seoan-si, Seoan-si, Seoan-si, to the front of E in Seoan-gu, Seoan-gu, Seoan-si.

Accordingly, the defendant was driven under drinking not less than twice.

2. From April 4, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a F Sspon-type car under the influence of alcohol 0.218% in blood alcohol concentration at Seo-gu, Seoan-gu, Seocheon-si, Seocheon-si, and driving the car at a fspon-type speed from G room to the espon-lane.

At the time, there are nights and other vehicles in the vicinity, and thus, the driver of the motor vehicle had a duty of care to live well in the front and drive the brakes properly and safely.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim H(59 years of age) who was driving in order to turn to the left at the front of the Defendant’s vehicle due to negligence that did not keep the front of the vehicle, and received the back part of the I rocketing car as the front part of the said car.

As a result, the Defendant, while driving the said car under the influence of alcohol that is difficult to drive normally, suffered from the injury of the victim H such as salt panion, etc. in need of treatment for about two weeks, and the victim J(29 years old), and the victim K(26 years old) suffered from the injury of the catum, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence status of the H’s traffic accident;

1. Each letter of diagnosis;

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