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(영문) 대전지방법원 천안지원 2017.11.03 2017고단1269
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 engaging in driving a vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving).

On November 6, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.209% during blood transfusions, and came to enter the main roadway in front of Asan City, Asan City, with the surface of Oral trees off.

In such cases, a driver of a motor vehicle shall not drive the motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by safely operating the motor vehicle, such as taking the front door and its surroundings well, and accurately manipulating the steering gear and operating the steering gear.

Nevertheless, the Defendant was able to take a walk by drinking, and the Defendant neglected to drive normally under the influence of drinking such as the distance without walking, and neglected to do so, and was negligent in entering the right-hand side of the victim E(38 tax) driving, which was proceeding directly from the Han-U.S. apartment bank, to the right-hand side of the Defendant’s vehicle, after driving the FK5 vehicle, which was proceeding directly from the Han-U.S. apartment bank, to the right-hand side of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of approximately two weeks of treatment.

2. On November 19, 2016, the Defendant driven C Poter (wing) vehicle under the influence of alcohol concentration of about 0.209% from the 50-meter distance from G in the front of the city of Asan to D in the direction of around 19:30 on November 6, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Reports and photographs of traffic;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A investigation report (CCTV image) (the details and developments leading up to, before and after, the accident occurred to the investigative agency and the court).

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