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(영문) 대전지방법원 천안지원 2019.09.26 2019고단1535
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. On June 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a B-hand motor vehicle in front of the intersection road located in Seocheon-gu, Dongcheon-gu, Dongcheon-gu, Incheon with a blood alcohol concentration of 0.247% while under the influence of alcohol at 0.247%. On June 23:25, 2019, the Defendant was driving a two-lanes in the direction of Yancheon-gu, Seocheon-gu, Seocheon-gu, Seoul and

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly operate the operation and steering gear of the motor vehicle and to safely proceed with it.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform his duty at the time of the front-time, caused the Defendant’s failure to drive the vehicle in the same direction as that of the Defendant’s Damert D. 4.5 tons of cargo vehicles in the same direction as the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol with a blood alcohol content of about 10km from the front corner of the Ethm in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the front corner of the educational intersection located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on each traffic accident, reports on the occurrence of the traffic accident, accident site, and photographs of related vehicles;

1. Copy of the ledger using a drink of drinking alcohol, notification of the results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

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 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 16037 of the former Road Traffic Act (Enforcement Date);

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