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(영문) 대전지방법원 2016.05.26 2016고단872

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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On March 22, 2016, the Defendant driven the said car under the influence of alcohol content of 0.244% during blood transfusions on March 19:50, and led to the speed of 60-70 km per hour at the speed of 50-70 km from the direction of the Korean four-lanes in the direction of the five-lanes in the direction of the modern four-lane, Seo-gu, Daejeon.

Since the place is where the center line of yellow solid lines is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the Defendant’s car driving seat of the victim C (Y, 58 years old) driving along the four-lanes of the opposite vehicle line due to the negligence committed by the opposite vehicle line beyond the median line and the opposite vehicle line.

As a result, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, and received the victim’s salt, tensions, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Arrest report of a case suspected of driving under drinking;

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

1. Statement under the circumstances of driving at home;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant with the reason for sentencing under Article 62-2 of the Criminal Act is punished several times for the same crime.