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대전지방법원 천안지원 2017.07.14 2017고단1015

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle D in driving another motor vehicle.

On April 5, 2017, the Defendant driven the said vehicle with a alcohol level of 0.108% in light of the blood alcohol level around 22:50, and led to the two-lane road in front of the Fsanbu and the front Do in Northern-gu, Seoan-gu, Seoan-gu, Seoan-gu, to a about 40km speed from the two dynamics of the Ministry of Labor to the 40km speed.

Since the front side of the road is the intersection, and the crosswalk is installed, and the attendance of pedestrians is anticipated, and there was no good visibility in view of the night at the time, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately operating the front side and the surrounding area, such as reducing speed in advance and temporarily stopping it before entering the crosswalk, and operating the steering direction and brake system accurately.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive in a state where it is difficult for the Defendant to drive the vehicle normally due to the influence of alcohol, and continues to stop so. From the right side of the Defendant’s driving direction to the left side, the Defendant did not find the Victim G (IS, 18 years old) who was waiting to leave the crosswalk, and was left down on the left side of the Defendant’s front left side of the vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the mouth of the upper end of the upper end, which requires approximately 10 weeks medical treatment.

2. On April 5, 2017, the Defendant driven a D car under the influence of alcohol content of about 0.108% from the section of about 600 meters from the 600-meter alcohol level to the F fatherg and the front road of the Lone Star Age located in the Sung-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu to the roads of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. H and G.