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(영문) 대전지방법원 천안지원 2018.06.21 2018고단1126
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a B-learning passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 31, 2018, the Defendant driven the above vehicle while under the influence of alcohol level of 0.155% during blood alcohol level from March 21, 2018, and led to the direction of an elementary school in the direction of the entrance into the Han-gu, west-gu, west-gu, west-gu.

Since an intersection is installed in the front section, and the stopping due to signal atmosphere is frequent, the defendant engaged in driving the motor vehicle has a duty of care to safely proceed along the flow of the preceding vehicle by viewing the front section.

Nevertheless, the Defendant neglected to do so and neglected his duty at the front time due to influence of drinking, and neglected to do so, thereby causing injury to the victim C (25 years old, South) who was in the front part of the foregoing vehicle while driving ahead of the signal signal at the front part of the foregoing vehicle. The Defendant sustained approximately two weeks of tensions and tensions in need of medical treatment.

2. On March 21, 2018, the Defendant driving a B-learning car under the influence of alcohol content of 0.15% from the front of the Handong-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si to the front road at the Yananan-gu, Seoan-gu, Seoan-gu, Seoan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. A medical certificate;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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 as to the Selection of Punishment, and Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act (the driving of alcohol)

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