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(영문) 대전지방법원 홍성지원 2019.01.15 2018고단835
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 22, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DMF) driving the DMW car under the influence of alcohol concentration of 0.180% on the front road located in Hongsung-gun B, and driving it at such a speed that it is impossible to identify the front road as the intersection of the TM-type intersection from the gold-line area to the intersection.

Since the location is a road where signal lights are installed, and the passage of vehicles is high, the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the brakes while living well in the front.

Nevertheless, due to the negligence that the defendant was unable to properly operate the operation system under the influence of alcohol, the defendant saw the back part of the Franchis car driven by the victim E (the age of 45) who was under the stop for the signal waiting in front of the defendant's running direction, and 130 automobiles which had been ahead of the vehicle due to the franchising in the future while being pushed down in the future.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim E, such as salt, tension, etc. in need of two weeks of treatment.

2. No person who violates the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant driven a DW car not covered by mandatory insurance, while under the influence of alcohol content of approximately 0.180%, from the 4km of Hongsung-gun, Hongsung-gun to the front road located in Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. A medical certificate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Each of the former specific crimes provided for in the relevant laws regarding criminal facts.

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