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(영문) 대전지방법원 천안지원 2019.07.11 2019고단878
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

The Defendant is a person engaging in driving a NAS car.

On April 7, 2019, at around 21:34, the Defendant driven the said car while under the influence of alcohol with 0.115% of alcohol concentration 0.15%, and led the Defendant to proceed along one lane between the four-lanes from the intersection distance side of the road in front of the building Seo-gu, Western-gu, Western-si.

At the time of the defendant's frontline, the Ebe-crat cruise car driven by the victim D(25 years old) was stopped for the signal waiting, and thus, the driver of the vehicle had a duty of care to look at the front door well and to prevent the accident by accurately manipulating the brake system.

Nevertheless, under the influence of alcohol, the Defendant did not neglect it and did not operate the operation of the operation system properly, and the above part of the vehicle with the occupational negligence, which conflict with the back of the vehicle of the bea cruise.

As above, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, sustained the injury of the victim D, such as the dume, tensions, etc., which requires a medical treatment for about three weeks, and the victim F, who was on board the said bed with cump car, suffered from the injury of the victim F, such as the cump dump, tensions, etc. requiring medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. A report on the actual condition of a traffic accident, a survey report on the actual condition of the accidentCCTV and dynamic image, a report on the occurrence of the traffic accident, a field photograph of the accident

1. Copy of the ledger of use of the drinking-free measuring instrument, notification of the results of the regulation of drunk driving, circumstantial statement of the drinking-free driver, investigation report, copy of the notice of completion of correction, and records of management and inquiry into the drinking-free driver;

1. Investigation report (victim D telephone conversations) and investigation report (victim F telephone communications);

1. Application of statutes to copies of each written diagnosis;

1. Each relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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