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(영문) 대전지방법원 2018.06.15 2018고단1109
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant is a person who drives C Lastren motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 24, 2017, the Defendant driven the said car under the influence of alcohol content of 0.135% during blood transfusions on November 24, 2017, and continued to turn to the left at the bar of a half-distance distance from the Haaknam University which is located in the large exhibition basin.

At the time, it is night and at the same time the crosswalk is installed, so the driver of the motor vehicle has a duty of care to prevent accidents in advance by reducing the speed of left-hand turn and operating the steering gear accurately.

Nevertheless, the Defendant, by negligence of neglecting the above duty of care while driving normally due to drinking, sustained the injury of the victim D (V, 21 years old) who was waiting for the pedestrian signal of the crosswalk at the front of the out-to-take-on road No. 1 hot spring basin in the above intersection due to the negligence of failing to perform such duty of care, caused approximately two weeks to the victim E (V, kneeeee knee scare spaging, etc., requiring approximately eight weeks of treatment, to the victim E (18 years old), and suffered from the victim E (F, 18 years old), the injury of the kne se sel, etc., requiring approximately ten weeks of treatment.

2. Violation of the Road Traffic Act (drinking) and violation of the Road Traffic Act (drinking without a license) were driven by the Defendant without obtaining a driver’s license in a section of approximately 700 meters from the front of the basin cultural center located in the same district to the intersection of the four-distance distance in the hot spring basin located in the same district at the time of paragraph 1 of this Article, while under the influence of alcohol content of 0.135% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of victims;

1. A survey report on the actual condition of a traffic accident, a photo on the scene of an accident, a medical certificate, a check about the results of crackdown on the driving of alcohol, a statement on the situation of the driver in charge, and the application of the law of the ledger of driver'

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