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(영문) 대전지방법원 2017.02.17 2016고단2787
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 a motor vehicle C and C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving)

On July 8, 2016, the Defendant driven the above vehicle under the influence of alcohol content of 0.188% during blood transfusions, and continued to proceed to the protection of Filive convalescent Hospital at the third distance distance from the road in front of the Chungcheongnam-gun, Chungcheongnamsan-gun.

It is a bend road where the center line of yellow solid lines is installed. In this case, a person engaged in driving service has a duty of care to accurately drive the front line and prevent accidents in advance.

Nevertheless, the Defendant neglected to drive a dice in a state where it is difficult for the Defendant to drive the vehicle in a normal condition due to influence of drinking, and was in the front left part of the left part of the driving vehicle of the victim E (the 48 years old) who was driven by the center line at the opposite side of the diverse due to the negligent negligence of the center line while driving the vehicle in a state where it is difficult for the Defendant to drive the vehicle in a normal condition due to influence of drinking.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) the Defendant was driving a Cwing-III truck under the influence of alcohol with a maximum of 0.188% alcohol concentration from the 3km section from the 3km parking lot of the Sinsan-gun, Sinsan-gun, Geumsan-gun, Geumsan-do to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Descriptions of a medical certificate (E);

1. The application of Acts and subordinate statutes in response to a request for appraisal and a written appraisal of alcohol during blood;

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, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and Article 44-2 (2) of the Road Traffic Act.

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