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(영문) 대전지방법원 천안지원 2017.11.23 2017고단2210
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On September 2, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven by Bcoondo 0.145% of alcohol concentration in the blood of around 00:35 on September 2, 2017, while driving the bcoon bcoon, thereby driving the bcoon bcoon, along with the independent bcoon in the south-gu Yancheon-gu Yancheon-gu Yancheon-gu Yancheon-gu Yancheon-gu Yancheon-gu Do on a speed of about 50

A driver of a motor vehicle has a duty of care to drive the motor vehicle with the vehicle line after well reporting it.

Nevertheless, the Defendant did not see the front in a situation where normal driving is difficult due to influence of alcohol as stated in paragraph (2) and did not observe the vehicle line, thereby leading up to the right-hand side of the road, and received roadside trees.

As a consequence, the motor vehicle of the defendant's driver's freight exceeded the left side.

In this accident, the victim C (V, 18 years old) who was accompanied by the Defendant’s driver’s freight vehicle suffered injury, such as damage to the head’s reputation in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a bit-line truck between B 3km and B km at the location described in paragraph (1) from the apartment house of the Nam-gu, Nam-gu, Nam-gu, Seocheon-gu, Chungcheongnam-do, Chungcheongnam-do, Seoul to the place indicated in paragraph (1), while under the influence of alcohol leveling to 0.145% of the date of blood transfusion as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement (C);

1. A survey report on actual conditions and a report on the occurrence of occurrence (the photograph, map, etc.);

1. Statement of the circumstances of the driver at the main driver, investigation report, and report on the detection of the driver at the main driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is heavier (the above aggravated punishment is aggravated for concurrent crimes).

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