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(영문) 대전지방법원 천안지원 2017.05.25 2016고단2515
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 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 is engaged in driving cars C and freight cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 20, 2016, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.211% among the blood transfusion around 21:30 on October 20, 201, and continued to drive the vehicle in front of the E cafeteria in the north-gu, west-gu, Yananan-si.

Since the place is where the center line of yellow solid lines is installed, the defendant engaged in driving motor vehicles has a duty of care to safely proceed with the median line with the right road of the center line.

Nevertheless, under the influence of alcohol, the Defendant was unable to properly operate the brakes and steering gear, and was negligent in breaking the central line, and was under the influence of the Defendant’s fault, thereby proceeding in the opposite part of the said cargo vehicle F (W, 55 years old). The Defendant received the part prior to the left-hand part of the said vehicle’s G rocketing car driven by G.

After all, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the above victim, such as light dump, which requires treatment for about two weeks.

2. On October 20, 2016, the Defendant: (a) driven a C-wing truck under the influence of alcohol by 0.21% in alcohol level from the front of a mutual influent restaurant in the south of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the front of the E-type restaurant located in D, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon to the day before the E-type restaurant located in D.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. On-site photographs;

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 as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(2)1 and 44(1) of the Road Traffic Act, and each of them shall be punished by imprisonment.

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