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(영문) 대전지방법원 공주지원 2019.03.22 2019고단43
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 December 31, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) was driving a 23-ton cargo vehicle of the Dpoter, spoch, spokeer, and 0.103% of the blood alcohol concentration of the national highway No. 23 prior to the “C” located in Gongju-si B at Gongju-si on December 31, 2018, and went off the national highway while driving a dpoter, spokeer, and driving a cargo vehicle with the 0.

Since the location is a place where a guard is installed to distinguish the roads lowered from the general roads and national highways, the driver has a duty of care to accurately operate the steering and brakes and to prevent the occurrence of the accidents by accurately entering the roads he/she intends to enter, and to prevent the occurrence of the accidents.

Nevertheless, due to the negligence that the defendant was unable to properly operate the steering gear, etc. under the influence of alcohol, the dice, which was installed in the exit section of the national highway No. 23, was shocked as the front part of the freight of the defendant.

As a result, the defendant was injured by the victim E (the 44 years old) who was on the top of the cargo vehicle while driving the cargo vehicle in a situation where normal driving is difficult due to influence of drinking, such as the escape of the Korean War before and after the 10-day medical treatment.

2. On December 31, 2018, the Defendant, while under the influence of alcohol at a section of about 10km from the front road to the “C” road located in the same city-based city from the front road of the Gongju-si on December 18:3, 2018, driving the D Poter, Posibbus, and fabus-fabing cargo vehicles under the influence of alcohol leveling of about 0.103%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) (actual survey report);

1. Notification of the results of the drinking driving control, and investigation report (an investigation into a suspect's blood alcohol concentration);

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 148-2 of the Road Traffic Act concerning criminal facts as well as Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes

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