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(영문) 대전지방법원 천안지원 2019.05.30 2019고단246
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. The defendant is a person who runs driving business of marina cars in violation of the Aggravated Punishment, etc. of Specific Crimes Act;

On January 1, 2019, the Defendant driven the above vehicle under the influence of alcohol of 0.154% with a blood alcohol concentration of 0.154% 0.15%, and continued to drive the vehicle in front of the YYYYYYYYYYYYYYYYYYYYYY 43, YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

At that time, there is an intersection where signal lights are installed, so the defendant engaged in the driving of motor vehicles has a duty of care to safely proceed in accordance with the direction of signal lights.

Nevertheless, the Defendant neglected to drive his vehicle and suffered eromatic tensions and tensions that require approximately two weeks of treatment to the victim C (Nam, 29 years of age) who entered the intersection from the right side of the vehicle of the victim C (Nam, 29 years of age) who entered the intersection to the right side of the vehicle of the head of the Si/Gun/Gu in accordance with the new subparagraph, due to the negligence of entering the intersection by violating the signal while it is difficult to drive the vehicle normally due to influence of drinking.

2. On January 1, 2019, at around 03:35, the Defendant driven a Category B motor vehicle while under the influence of alcohol at about 500 meters from the front of the F Hospital parking lot located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu to the front of the same Gu G, with a blood alcohol concentration of 0.154%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the occurrence of a traffic accident and an accident site photograph;

1. Report on the statement of the situation of a drinking driver, investigation report, notification on the results of the control of drinking driving, the ledger of use of a drinking measuring instrument, and notification of the completion of correction;

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, the Selection of Punishment, etc., and Article 148-2 of the Road Traffic Act;

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