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(영문) 대전지방법원 2016.11.30 2016고단3179

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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

On June 23, 2016, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Daejeon District Court on June 23, 2016, and on April 3, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Daejeon District Court on at least two occasions.

1. Around 18:40 on August 15, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) was driving a DNA Ⅱ truck with a blood alcohol concentration of 0.206% at the front of the C in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, and led to the running from the side of the old children’s water hospital to the stegic per minute.

There is no difference between the two, and the defendant is a road without the classification of the lanes, and in such a case, the defendant has a duty of care to safely drive the vehicle, such as how the driver is able to see the front left well.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence to neglect his duty at the front of the Defendant’s running direction, and the part on the right side of the victim E(the age of 59) driveed behind the direction of the Defendant’s driving.

Ultimately, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim G (the 62 years of age) who is the same passenger of the victim E and the above damaged vehicle, respectively, for about two weeks in need of medical treatment.

2. Around 18:40 on August 15, 2016, the Defendant was driving a Dpoter II truck under the influence of alcohol leveling 0.206% of 0.206% of the blood alcohol level without a vehicle driver’s license on the front road located in Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Accordingly, the defendant is under the influence of alcohol even though he had a record of driving twice or more.

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