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(영문) 대전지방법원 2018.02.01 2017고단4448

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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) by the Defendant is a person engaging in driving a rocketing car.

On October 24, 2017, the Defendant driven the said car under the influence of alcohol level of 0.185% among blood transfusions on October 24, 2017, and continued to drive the said car along three-lanes along the four-lane distance from the side of the parallel distance between sublimgy, Seo-gu, Daejeon.

Since this was the underground roadway installed as the center of separation, there was a duty of care to prevent accidents in advance by properly seeing the front side and the left side and accurately manipulating the steering system and the brake system.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol, and the Defendant got the right retaining wall of the road to go beyond the center and going to the opposite lane, and was driven by the victim D(53) of the victim D(53) who was operating on the opposite lane, and received the left part of the Eststyna taxi in front of the Defendant’s vehicle.

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to the influence of alcohol, suffered injury, such as ‘influenite salt', which requires approximately 2 weeks of medical treatment to the victim D, and ‘influence of a non-fluent frame', which requires approximately 4 weeks of medical treatment to the victim F, who is the fluent passenger of the said rocketing taxi.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said C rocketing car under the influence of alcohol with 0.185% alcohol concentration in blood at the time, place, and place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D or G preparation;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, photographs, notification of the results of the control of drinking driving, the statement of the situation of the driver in charge of driving, the investigation report (report on the circumstances of the driver in charge of driving), and the investigation report (Analysis of Bac

1. Each of the relevant Articles of the Act concerning the facts of crime;