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(영문) 대전지방법원 2019.01.11 2018고단2491

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 25, 201, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Daejeon District Court on April 25, 201, and on January 2, 201, the same kind of criminal power is three times in total, such as being sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the same court.

【Criminal Facts】

1. On May 5, 2018, when the Defendant was under the influence of alcohol at around 19:00 on May 5, 2018 and was under the influence of normal operation of at least 0.206% of blood alcohol, the Defendant was driving a e-mail x-d-d-k-k-k-k-k-k-k-k-k-n-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-

As a result, the Defendant suffered injury to the victim C, such as “influoral salt and tension,” which requires approximately two weeks of medical treatment.

2. On July 1, 2018, around 17:19, the Defendant driven a motor vehicle with blood alcohol content of at least 0.182% from the section of approximately 300 meters, from the 17:19, to the G parking lot located in Daejeon Seo-gu, Daejeon, Daejeon, the Defendant driven a motor vehicle with blood alcohol content of at least 0.182% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition (1), (2);

1. A report on the actual state of each host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and choice of imprisonment with prison labor concerning the crime;

1. The age of the defendant among concurrent crimes is as follows: the reasons for the sentencing of Articles 37(s), 38(1)2 and 50(s) of the Criminal Act: