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(영문) 대전지방법원 2017.06.07 2017고단1524
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 February 14, 2017, the Defendant driven a C-wing truck under the influence of alcohol content of about 2.5km from the Do in front of the Dong-dong, Daejeon-dong, Daejeon-dong, to the roads in front of Daejeon-dong, Daejeon-dong, to approximately 2.5km, while driving a C-wing truck under the influence of alcohol content of about 0.237%.

2. The defendant is a person engaged in the business of driving the above wing and cargo in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

The defendant driven the above cargo vehicle under the influence of alcohol at the above time of the above day, and led to the speed of about 117 km from the border of the Daejeon Dong-gu to the intersection of the non-shot area.

Since there is a road where the center line of yellow solid lines is installed, the driver of the cargo vehicle has a duty of care to properly manipulate the brake system, pass along the right side of the road and not to dump the center line.

Nevertheless, under the influence of alcohol, the Defendant failed to operate the brakes properly, and caused the collision between the victim D(34) driving with one lane in the opposite direction due to the negligence of the central line, and the latter wheels part of the victim D(34) driving, which was in the opposite direction, with the left side of the said cargo vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim D(34 tax) such as salt, tension, etc. in the treatment days due to the number of days of treatment, and the victim F(22 years of age), respectively, such as the number of days of treatment and the open head cover.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Inquiries about the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to each medical opinion;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (abreath of alcohol);

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