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(영문) 대전지방법원 천안지원 2019.07.10 2019고단1085
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B low automobiles;

On March 18, 2019, the Defendant driving the above vehicle while under the influence of alcohol of 0.1% of blood alcohol concentration at around 23:00, and driving the front road in front of the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City at a speed below the speed of vision in the direction of new horse distance, along the three-lanes in the direction of wind.

The U.S. came to be an intern.

At that time, there is a vehicle that was driven in the same direction along the left and right-hand lane, so in such cases, the driver of the vehicle has a duty of care to not make a U-turn when it is likely to obstruct the normal passage of other vehicles, and the driver of the vehicle has a duty of care to not make a U-turn.

The defendant neglects to do so and is a U.S. residing in a single lane.

The right-hand part of the E SP car amount of the victim D(25 years old) driving driven by the right-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn was shocked with the part of the driver in front of the defendant driving vehicle.

As a result, the Defendant was driving in a state where it is extremely difficult to drive due to influence of drinking, and the Defendant suffered injury to the victim F (24 years of age) who is the victim D and the victim F (24 years of age) for about two weeks in need of medical treatment.

2. Around 23:00 on March 18, 2019, the Defendant driven the above-mentioned driver’s vehicle at a section of approximately 1.5 km from the front of the back-to-west-dong, Yanannam-gu, Yananananan-si to the front of the back-to-west-si, Yan-si, Yan-si, under the influence of alcohol with a blood alcohol concentration of 0.1%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to the written diagnosis of victims;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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