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(영문) 대전지방법원 천안지원 2017.10.13 2016고단2548
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act (the Defendant is a person engaged in the driver’s duty of driving freight cars at the beginning of

On November 24, 2016, the Defendant driven the above cargo vehicle, while under the influence of alcohol level of 0.199%, and continued to drive it toward salt level from the side of Asan City, at around 21:52, in the direction of the crypian road at Asan City.

Since the location has an intersection where signal lights are installed on the front side, the defendant engaged in driving motor vehicles had a duty of care to safely drive motor vehicles by checking the safety of the front side and the progress of the front front vehicle.

Nevertheless, as long as the Defendant neglected to perform his duty at the front of the foregoing cargo vehicle due to negligence, the Defendant received the back part of the victim CMWX5 passenger car running ahead of the foregoing cargo vehicle due to negligence.

Ultimately, the Defendant driven a motor vehicle in a state where normal operation is impossible due to the influence of drinking, and suffered injury to the victim, such as clocks, which requires approximately two weeks of medical treatment, and damaged the damaged motor vehicle by KRW 3,49,210.

2. On November 24, 2016, the Defendant was under the influence of alcohol by the Defendant, at around 21:30, driving B Poter under the influence of alcohol concentration of 0.199% from the front of a restaurant in the trade name of the ASEAN-si, Masan-si to the front of the Yasan-si, Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports and photographs of traffic accidents;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning the crime (the act of causing bodily injury to the driving of danger) and the Road Traffic Act.

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