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(영문) 대전지방법원천안지원 2020.10.05 2020고단1855
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the two-way sports vehicle B.

1. Around 23:50 on June 26, 2020, the Defendant driven the above co-sports vehicle under the influence of alcohol level of about 0.116% in a section of about 1km from the Do adjacent to the Blue area to the roads adjacent to the same City/Do.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven the above co-mar sport vehicle around the time set forth in paragraph (1) and proceeded from C to E at a e speed from the direction of the first line in front of the Chungcheongnam-si in Busan.

At the time, at night, there was a center line of yellow solid lines installed, so the person engaged in driving service of a motor vehicle has a duty of care to prevent accidents in advance due to the failure of the center line by checking well the right and the right and the right of the motor vehicle.

Nevertheless, as described in Paragraph 1, the Defendant, while under the influence of alcohol, was unable to drive normally due to the influence of alcohol such as the long distance of walking, was negligent in the course of business by driving the said co-sports vehicle, which affected the central line, and the part front of the driving of the victim FF (ma, 38 years old) driving in line with the direction of the Defendant’s driving was shocked by the front part of the Defendant’s driving.

Ultimately, the Defendant, by occupational negligence, sustained injury to the said victim F, such as cerebral alins, etc., in which approximately two weeks of medical treatment is required to the said victim F, and suffered injury to the victim H (Nam, 43 years of age) of passengers aboard the said private taxi for about three weeks of medical treatment to the said victim H (ma, 43 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. A statement of occurrence of a traffic accident prepared by the F;

1. Each written diagnosis;

1. A traffic accident report;

1. Image dyphograph photographs and accident site photographs;

1. To respond to the results of the drinking control;

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