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(영문) 대전지방법원 천안지원 2018.05.10 2017고단2789
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a vehicle with B-cape in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 2, 2017, the Defendant driven the above vehicle under the influence of alcohol level of 0.211% from blood alcohol level around 16:00, and got to turn to the left at a speed below the speed at the speed of the city, at the 5-lane in the Cheongan-dong C, Nam-gu, Nam-gu, Chungcheongnam-gu, the intersection of the shooting distance in front of D Et in the south-gu, Seoan-gu, Seoan-do.

Since there was an intersection where a signal apparatus is not installed, there was a duty of care to confirm the safety of course and left-hand turn by properly examining the right and left-hand turn prior to the left-hand turn to a person engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn left at the left while under the influence of alcohol and received a part of the right frame of the victim E (48 years) who was coming from the front part of the Defendant’s vehicle.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered from the victim such as open trends and alleys requiring treatment for about three weeks, and other salt ties and tensions of the upper part.

2. Violation of the Road Traffic Act (drinking) the Defendant driven the foregoing vehicle under the influence of alcohol by 0.21% from the 20km section from the blood alcohol level to the DMat in the south-gu, Chungcheongnam-si, Nam-gu, Yan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

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 as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act shall apply, respectively;

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