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(영문) 대전지방법원 천안지원 2020.04.08 2019고단3188
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle B in Grandland knife in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 18, 2019, at around 03:00, the Defendant driven a D-W road located in Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si, in the direction of the pair-dong park, about 110km in the speed, while under the influence of alcohol with 0.140% of alcohol content.

Since the location is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as making a good report on the traffic situation, accurately manipulating the steering direction, brakes, etc.

The Defendant, while under the influence of alcohol, failed to properly see the front door and failed to observe the signal, led the victim E(the 47-year-old driver) to shock the Fsch Rexton car amount and shocked the victim's vehicle on delivery.

As a result, the Defendant suffered injury, such as 4, 5, and 7 chest pressure pressure, which requires approximately 8 weeks of medical treatment to victim E by occupational negligence as above.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.140% at a distance of about 3 km from the front of the He apartment in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, to the Dan-gu, Seoan-gu, Seoan-gu, Seoan-gu

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. A traffic accident report (1), report on the occurrence of a traffic accident, and report on internal investigation (the specific details of the signal);

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. A medical certificate;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (3) 2 of the Road Traffic Act.

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