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(영문) 대전지방법원 천안지원 2019.09.04 2019고단1501
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:50 on June 7, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.131%, the Defendant driving a epoter at a section of approximately KRW 200 meters from C neighboring Dos located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si to D, Seoan-gu, Seoan-si.

2. The defendant is a person engaged in driving a cargo vehicle of one ton of cargo vehicles in Epoter.

On June 7, 2019, at around 04:50, the Defendant driven the said vehicle while under the influence of alcohol of 0.131%, and driven the said vehicle at the speed of 0.131%, and led to the road at the entrance of Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, in the direction of the distance of the luminous pharmacy.

Since there is a center line of yellow-ray, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle can live well in the front and safely drive the motor vehicle and prevent the accident in advance.

The Defendant neglected to do so under the influence of alcohol and proceeded to the opposite lane due to the negligence going beyond the center line, and brought the front portion of the G-si driving Gel on the left side of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on a traffic accident, a survey report on the actual condition of a traffic accident, and a photograph of the accident site;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and the Act on the Aggravated Punishment, etc. of Specific Crimes, where the relevant provision of the Act on the Punishment, etc. of Specific Crimes is applicable to the crime.

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