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(영문) 대전지방법원 2016.09.07 2016고단1408

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

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 was engaged in driving cars in Ireland.

On April 13, 2016, at around 22:10, the Defendant driven the said vehicle while under the influence of alcohol of 0.149% of the blood alcohol concentration of 0.149% from the 3-lane 4 lanes in front of Daejeon-gu, Daejeon-gu.

The location was a three-distance where signal apparatus was installed, and the defendant tried to turn to the left at an elementary school inside the mountain and the 3th of the mountain. In such a case, despite the duty of care to safely proceed with the signal while under the influence of alcohol, the driver of the motor vehicle, who is engaged in driving the motor vehicle, was in the left part of the driver's left part of the victim E (the 24th of the 24th of the 24th of the 20th of the 20th of the 20th of the 3th of the 20th of the 3th of the 3th of the 3th of the 20th of the 3th of the

As above, the Defendant, while driving under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, suffered from the injury of the above victim, such as Dampopty, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each report on actual condition;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lower limit of the punishment prescribed for the violation of the Road Traffic Act in the case of a lower limit of the punishment, and the scope of the sum of the long-term punishments for the two crimes];

1. The fact that there is no criminal record exceeding a fine under Article 62 (1) of the Criminal Act, the fact that the automobile comprehensive insurance is subscribed, and the degree of damage is.