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(영문) 대전지방법원 천안지원 2016.08.30 2016고단1123

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a horse set car in B.

On May 26, 2016, the Defendant driven the foregoing vehicle while under the influence of alcohol of 0.136% in blood, and proceeded with a two-lane road in the front of the gold chemical Asan Electronic Chemical Factory, as the new hot spring in Asia-si, Sinsan-si, Sinsan-si, 958, along with a speed of about 80km from the new mix to the Sinsan-si, at the speed of about 80km.

At the time, in the two-lanes of the defendant's proceeding direction, the numberless large cargo vehicle was proceeding, and the driver tried to change the course on the two-lanes, so in such cases, the driver had a duty of care to prevent the accident in advance by safely driving the vehicle, such as checking the safety of the course by checking the right and the right of the front line, and changing the course.

Nevertheless, the Defendant neglected to do so and was parked next to the road while changing the vehicle under the influence of alcohol.

C 트레일러의 운전석 쪽 앞 부분을 피고인의 차 조수석 앞 부분으로 들이받고, 그 충격으로 피고인의 승용차가 튕겨 져 나가면서 그 도로 중앙 분리대를 충격하였다.

Ultimately, the Defendant, before driving a car in a situation where normal driving of the car is difficult due to drinking alcohol, was inflicted on the victim D (22) who was driven by the Defendant’s driver’s driver’s vehicle and was accompanied by the injury, such as the frame of the body of the body of the body of the right-side, which requires approximately 12 weeks medical treatment, and the victim E (33 years old), including the body frame of the body of the body of the right-side that needs approximately 10 weeks medical treatment, and the victim E (33 years old), for approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written diagnosis;

1. A survey report on actual conditions and on-site map;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.