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(영문) 대전지방법원 천안지원 2018.05.04 2018고단125
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 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. On December 25, 2017, the Defendant violated the Road Traffic Act (drinking) driving a B rocketing car under the influence of alcohol with approximately 0.156% alcohol concentration at the 3km section from the 3km of the 3km to the intersection of the water in the city of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu to the front road.

2. The Defendant is a person engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On December 25, 2017, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1 of around 23:25, along with the two-lanes of the said road from the intersection of the water zone to the entrance of the said road.

At the time, there is an intersection where a signal apparatus is installed at night and there is an intersection, so in such a case, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle by emphasizing the front door and accurately operating the steering and steering gear.

However, under the influence of alcohol, the Defendant was driven by the victim C(41) who was under a stop for the foregoing signal waiting due to negligence, and was driven by the Defendant as the front part of the Defendant’s car.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (21 pages of investigation records);

1. A traffic accident report, a traffic report, a report on detection of the driver at the main place, a report on the circumstances of the driver at the main place and an investigation report (report on the circumstances of the driver at the main place);

1. Medical certificate (C);

1. Application of statutes on the site and vehicle photographs;

1. Relevant Articles of the Act and specific crimes concerning the crime.

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