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(영문) 대전지방법원 2020.11.13 2020고단3743
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not interfere with the defendant's defense right.

[Criminal Power] On January 4, 2012, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

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

On July 24, 2020, the Defendant driven the said car while under the influence of alcohol 0.24% of blood alcohol level on July 24, 2020, and continued to drive the said car on a one-lane road from the right side of the Seo-gu Daejeon apartment, Seo-gu, Daejeon.

At the same time, since the road near apartment is one-lane, a person engaged in driving service has a duty of care to live well well, and to proceed at a safe speed and method.

Nevertheless, the defendant neglected to do so and is not correct to cross-rout and sound due to influence of drinking, and is proceeding in a manner that is facing with the negligence of driving a motor vehicle while normal driving is difficult, such as walking in a narrow distance and walking.

The front part of the passenger car of the victim E(E, 63 years old) driving, which was stopped, was received as the front part of the car.

As a result, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, the Defendant suffered injury, such as a crypum dump for about two weeks in need of medical treatment.

2. The Defendant, at the time and place specified in Paragraph 1, driven a B Pote vehicle while under the influence of alcohol by 0.224% in blood alcohol concentration.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. The report (1) (2) on traffic accidents (the actual survey report);

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