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(영문) 대전지방법원 천안지원 2018.10.19 2018고단1653
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On May 30, 2018, the Defendant driven the above vehicle while under the influence of alcohol content of 0.160% among the blood transfusion around 23:20, and led to two-lanes along the intersection of the Sinan-gu Seongbuk-gu, Seoan-gu, Seoan-si along the intersection of the Sinan-si, Seoan-gu, Seoan-gu.

At the time, a person engaged in driving of a motor vehicle at night is prohibited from driving a motor vehicle in a condition that it is difficult to drive a motor vehicle normally due to drinking, and there was a duty of care to prevent accidents in advance by operating the motor vehicle safely, such as taking the front side and its surroundings well, and accurately operating the steering wheel and brake system.

In doing so, Defendant 1 was under the influence of alcohol, due to negligence in violation of the signal, and by negligence in violation of the red signal, the part on the right side of the victim C(44 ) driving, which proceeded to the right side at the left side of the Defendant’s moving direction in accordance with normal signals, and received the part on the right side of the victim C(44 ) driving in front of the Defendant vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as the shoulder and upper arms that require approximately two weeks medical treatment.

2. On May 30, 2018, the Defendant driven a BS-type car under the influence of alcohol concentration of about 0.160% from the 200m section of the blood alcohol level to the front road of the Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-si, Yan-si, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, to the intersection of the Suwon-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

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

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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