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(영문) 대전지방법원 천안지원 2018.04.12 2017고단2763
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 car at Benz.

On May 16, 2017, the Defendant came to turn to the left at the front of the D intersection located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

At the time, the intersection where the signals are installed at night and at that time, where the passage of other vehicles is frequent. In such a case, a person engaged in driving of a motor vehicle has a duty of care to maintain a clear mind and to safely drive the motor vehicle by properly examining the speed and the route of the motor vehicle in accordance with the new code.

Nevertheless, the Defendant driven the said car under the influence of alcohol concentration of 0.139% in blood, and went to the right right-hand turn due to the negligence of failing to go to the right-hand turn at the intersection where the yellow on-and-off signal turn turn to the right-hand turn at the right-hand turn, and did not avoid the traffic of the victim E ( South, 48 years old) who was going to go to the right-hand turn from the front side of the said car, and did not go to the right-hand left part of the said car.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as the right flaverization, which requires the victim to receive approximately ten weeks of treatment.

2. Around 02:35 on May 16, 2017, the Defendant driven a B-V car under the influence of alcohol content 0.139% while under the influence of alcohol level 0.139% from the front of the mutual aesthetic club to the front of the D-V located in Seoan-gu, Seoan-gu, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. On-site photographs and vehicle photographs of the accident;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of the crackdown on driving under drinking;

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