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(영문) 대전지방법원 논산지원 2019.04.26 2019고단98
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 motor vehicles B;

On February 12, 2019, the Defendant driven the above car on February 22:35, 2019, and led to the driving of the D elementary school in Chungcheongnam-si, Chungcheongnamsan-si, to the direction of the Aamamastro distance from the Es.

Since the place is an elementary school that has a road sign board at the center line, there was a duty of care to prevent accidents in advance by accurately manipulating the front and rear left, instead of breaking the center line to those engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected to do so and, while under the influence of alcohol content 0.153%, caused the Defendant’s negligence of driving the center line with the driver’s license, and led the Defendant to the front part of the Victim F (Seoul, 40 years old) G G-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

In the end, the Defendant, while driving a motor vehicle under the influence of alcohol, sustained injury to the victim, such as light chills, tensions, etc. in need of treatment for about two weeks, and suffered injury such as light chills, tensions, tensions, etc. in need of medical treatment for about two weeks from the victim’s driving.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle with a hurburged vehicle as stated in paragraph (1) B, while under the influence of alcohol with a blood alcohol concentration of 0.153% at the date and place specified in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A H statement;

1. The actual condition survey report;

1. Notification of the results of drinking control;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime committed.

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