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(영문) 대전지방법원 천안지원 2017.10.13 2017고단1338
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who drives a motor vehicle with soflurd B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 1, 2017, around 04:30, the Defendant driven the said vehicle while under the influence of alcohol content of 0.176% at the 0.176% in her blood alcohol level, along with two lanes in the direction of the distance of 0.176% in front of the D convenience points located in South-gu, Nam-gu, Nam-gu, Seocheon-gu, Seoul.

At the time, at night, and in the latter part of the defendant's running direction, the motor bicycle driven by the victim E ( South and the age of 29) is proceeding in the same direction, so in such a case, the driver of the motor vehicle had a duty of care to look at the front and rear right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the rear city and entered the direction of the University of White Culture, a single-lane, and received the front part of the motor device of the victim, which is driven by the first line in the same direction, from the left side of the motor vehicle operated by the Defendant.

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, and suffered injury, such as an injury to the right-hand alley, which requires about 10 weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a B-hurged car with alcohol content of 0.176% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. The survey report on actual condition, the report on the occurrence of a traffic accident, the report on the circumstances of the driver at the driving, the investigation report (the report on the circumstances of the driver at the driving), and the report on the results of

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. The relevant Article of the Criminal Act and the aggravated punishment of specific crimes as to the choice of punishment.

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