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(영문) 대전지방법원 천안지원 2020.05.19 2020고단453
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Switzerland car.

1. On January 31, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car with a blood alcohol concentration of 0.230% around 01:15, while driving the said car and driving it at a speed that is impossible to identify one lane in the direction of the two-lane distance in the direction of the original intersection.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good living of the traffic situation, accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to properly operate the steering gear on the left-hand turn due to the negligence of neglecting it, and thereby, received the front-hand part of the EKafa car driven by the victim D (Nam, 48 years old) who was in the atmosphere at the right-hand left-hand turn.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as salt pans, tension, etc. in the part of the chilling part of which detailed is not known for about three weeks medical treatment.

2. Around 01:15 on January 31, 2020, the Defendant driving the said vehicle at a section of approximately 150 meters from the G in the north-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, in the state of alcohol alcohol concentration of 0.230%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1), report on the occurrence of a traffic accident, and accident site photograph;

1. Notification of the results of the drinking-driving control, request for appraisal (general appraisal), reply for appraisal, and taking the body of a person;

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