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(영문) 대전지방법원천안지원 2020.11.27 2020고단2454
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving B K5 hybrid car.

On June 4, 2020, around 18:01, the Defendant changed the course from the two-lane to the three-lane as the area of “E apartment” at the intersection near Asan City, where the blood alcohol concentration is 0.146% under the influence of alcohol at the 0.146%.

In such cases, the driver of a motor vehicle has a duty of care to safely change the lanes by accurately operating the steering and brakes and reducing speed of the driver and by properly examining the front and rear lanes.

Nevertheless, the Defendant, under the influence of drinking, divided the horses into two: (a) the horses; (b) a little strhym of walking; and (c) a large string of walking, having difficulty in driving normally due to a red situation, neglected the above duty of care; and (b) a victim F (ma, South and 29 years old) who was driving in the three-lane straight transit of the lane due to the change of the lane, led to the front right-hand part of the vehicle operated by the Defendant.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as brain-dead, which does not have any wound in two open fields requiring treatment for about two weeks.

2. Around 18:01 on June 4, 2020, the Defendant driving a B K5 Hybrid car while under the influence of alcohol alcohol concentration of approximately 6.1 km from the section of approximately 6.1km from the 1967-si hot spring at Asan City and from the parking lot of “Nebage Control” to the road near the luxan Eup at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. A medical certificate;

1. A traffic accident report, an accident site photograph, notification of the results of crackdown on drinking driving, and a drinking driver;

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