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(영문) 대전지방법원 천안지원 2020.01.09 2019고단2674
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 8, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B rocketing taxi under the influence of alcohol concentration of 0.140% as a job on the job on September 23, 2019, while driving B rocketing taxi at the 0.140%, and was proceeding with the intersection of the 57,0000 death distance at the c hospital, the ebbbbb

At that time, there was a duty of care to safely drive a person engaged in driving of a motor vehicle in accordance with the code, because he/she was an intersection with a traffic signal apparatus.

Nevertheless, the Defendant, due to influence of alcohol, was negligent in proceeding with an electric-way signal while driving under normal conditions, and was driven by the victim D(60 years of age) who left the left-hand side from the right-hand side of the Defendant’s running vehicle, thereby suffering from injury, such as dynasium and tension, which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) by driving a B taxi under the influence of alcohol 0.140% at the time and time specified in paragraph (1) and driving a approximately 2 km section from the place near the original dong-dong Balk-dong At Yananan-gu to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, report on the occurrence of a traffic accident, and photograph of the accident site;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and copy of the register of meters used for measuring instruments for drinking alcohol;

1. A medical certificate;

1. Application of investigation reports-related Acts and subordinate statutes;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (3) 2 and 44 (1)

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures.

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