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(영문) 대전지방법원 천안지원 2020.01.08 2019고단2475
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. From August 25, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B dump truck with B dump truck under the influence of alcohol concentration of 0.117% on the 07:00 Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and continued to run a dump truck at an aesthetic speed in the direction of the general playground distance.

It is a road where the passage of people and vehicles is frequent, so in this case, the driver of the vehicle has a duty of care to properly operate the brakes by properly operating the brakes while living well on the front.

The Defendant, while neglecting this, was under the influence of alcohol, was driven by the victim C (the age of 35) who is driving in the same direction due to negligence that failed to properly operate the operation system, and then was driven by the victim C (the age of 35) with the front part of the dump truck.

Ultimately, the Defendant driven the dump truck in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as damage to the dump truck, the fump truck, and the dump sump truck in need of treatment for about four weeks.

2. Around 07:00 on August 25, 2019, the Defendant driven B dump trucks with a blood alcohol concentration of at least 0.117% under the influence of alcohol at a section of about 3km from the West-gu, Seocho-gu, Seocheon-gu, Seocheon-si to the shooting distance prior to the viewing of the Yancheon-si, Seoan-gu, Seoan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding report on the C’s statement and a report on the occurrence of a traffic accident;

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

1. A medical certificate or additional medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the Act on the Aggravated Punishment, etc. of Specific Crimes.

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