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(영문) 대전지방법원 천안지원 2016.08.04 2016고단284

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaged in driving a motor vehicle with C highest typ.

On February 22, 2016, the Defendant driven the said car under the influence of alcohol content of 0.185% in blood, and driven the said car at a speed of 40km per hour, depending on three-lanes from the point on which the two-use vehicle exhibition center, in front of the two-use vehicle exhibition center, located in 143-7, Seocheon-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu.

At the time, there was a vehicle waiting for signal signal at night and in such a case, there was a duty of care to prevent the accident in advance by safely driving the vehicle, such as making it possible for the driver of the vehicle to live well in the front-round traffic situation, accurately operating the steering wheel and brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the victim D(47) who is waiting for a signal signal at the front section of the same direction was driven by the victim D(47) with the top part in front of the above high-speed car.

As a result, the Defendant driven a car in the Do where it is difficult to drive the car normally due to the influence of drinking, and the Defendant suffered from a confection in which the victim needs to receive approximately two weeks medical treatment.

2. On February 22, 2016, the Defendant violated the Road Traffic Act (drinking) driving a two-wheeled vehicle with approximately KRW 0.185% alcohol concentration in blood at the section of about 5km from the south-gu flow-dong to the road in front of the exhibition center of two-use vehicles located in the north-gu, 143-7, Seoan-gu, Seoan-gu, Yan-gu, Yan-gu, Yan-gu, Yan-gu, Yan-gu, Yan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. A written request for inquiry;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Act concerning facts constituting an offense;