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(영문) 대전지방법원 2018.11.15 2018고단2427
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On June 23, 2018, the Defendant driven the said car with a alcohol content of 0.206% 0.206% during blood transfusion, and continued two lanes in front of the four-lanes in the West-ro 175, Daejeon-ro 175-ro, Daejeon-ro, along the one-lane, along the two-lanes in front of the four-lanes.

At the time, since it is a night and a lot of vehicle flow, there is a duty of care to prevent accidents in advance by safely driving the steering right and the steering gear by making it possible to see the front left and right well, and accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle in full at the front of the Defendant’s car and received the part of the Defendant’s vehicle in front of the passenger car after driving the victim D(W, 44 years old) which was under suspension of the signal waiting at the front.

The Defendant caused the above victim by negligence in the course of performing the above duties to suffer injury to brain-dead sugar, etc., which does not have any wound in the two open fields requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. A medical certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of the recommended sentence) of the suspended sentence shall be the type of general traffic accident (the injury caused by traffic accidents).

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