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(영문) 대전지방법원 천안지원 2019.08.29 2019고단1289
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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 Amateur car

The Defendant, while under the influence of alcohol around 11:10 on May 30, 2019, is driving the said vehicle with a level of 0.135% of alcohol level 0.135% and proceeding toward the direction of the E-school on the front side of the D in Western-gu C in Seoan-gu, Seoan-gu.

To proceed in the direction of the two sternal distance, the internship was made.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as ensuring a sufficient distance to avoid collisions with the motor vehicle in front and right and right and the left and right of the motor vehicle, and accurately operating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to look at the right and the right and the right and the right and the right of the passenger car in front of the Defendant’s car, was driven by the Victim F (Nam, 48 years old) who was under a stop in order to turn on the front side of the Defendant’s vehicle.

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

2. On May 30, 2019, the Defendant driven a vehicle B Alba-do under the influence of alcohol concentration of about 0.135% at the section of about 8km from the front of convenience stores where the trade name in the blue-dong, Chungcheongnam-gu, Chungcheongnam-gu, Incheon-si cannot be known, to the front roads located in Seoan-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the relevant criminal facts and the choice of punishment.

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