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(영문) 대전지방법원 천안지원 2019.08.29 2019고단1507
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B.

On May 27, 2019, at around 13:00, the Defendant driven the above cargo while under the influence of alcohol of 0.229%, and was proceeding in the direction of a military Dong-ri direction in the direction of a side of the road of one lane in the West-gu, Seoan City C.

At this point, the center line of yellow-ray is installed, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident by driving the motor vehicle on the center right side of the road.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive with the median line and caused the error of driving the median line to the opposite lane by the victim E (ma, 62 years old). The front part of the Franland passenger vehicle driven by the victim E (ma, 62 years old) was shocked with the front part of the cargo vehicle of the Defendant.

As a result, the Defendant driven the Defendant’s cargo vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered damages to the victim E, such as the damage of the detailed unknown whereabouts on both sides of the bridge that requires treatment for about two weeks, and other injuries to the victim G (the 60-year old age), and the knee knee, knee field, tension, etc.

2. Around 13:00 on May 27, 2019, the Defendant driven a B Poter-II truck under the influence of alcohol with a blood alcohol concentration of 0.229% at a section of about 9.5km from the road on which it is impossible to identify the sex consent of the Western-gu, Western-si, Seoan-si, Seoan-si to the front road located in Seoan-gu, Seoan-gu, Seoan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report;

1. A written appraisal of blood alcohol;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Criminal facts;

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