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(영문) 대전지방법원 2016.10.13 2016고단2608
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was engaged in driving a B-Epurt Motor Vehicle.

On July 28, 2016, at around 06:50 on July 28, 2016, the Defendant was under the influence of alcohol of 0.11% in blood alcohol concentration from the abson distance 0.11% in the East-gu Daejeon-dong, Daejeon-gu, and driven one-lane of the four-lane roads from the abson distance gale-distance outflow.

In such a case, although a person engaged in driving of a motor vehicle has a duty of care to see the front side, accurately operate the steering direction and brake system, and to prevent accidents, he/she was under the influence of alcohol and was in the front part of the DaM5 motor vehicle operated by the victim who is in the front line in the same lane while he/she is unable to operate the front side and brake system.

As above, the Defendant, while driving in a state where normal driving is difficult due to influence of drinking, suffered from the injury of light fluoral salt, etc., which requires medical treatment for about 10 days to the above victim, and the victim E who was on the above SM5 vehicle, suffered from the injury of fluoral salt requiring medical treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1.The investigation report;

1. A survey report on actual condition, a report on detection of a drinking driver, and a report on the circumstantial statement of a drinking driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the facts constituting the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a sound driving); and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of each sentence of imprisonment;

1. Among concurrent offenders, the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is against the defendant's starting committing the crime of this case.

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