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(영문) 대전지방법원 천안지원 2014.04.24 2014고단77

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

Defendant,

1. On November 28, 2013, at around 22:16, 2013, a driver of a vehicle was under the influence of alcohol concentration in the blood alcohol level, driving a Dayone or a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

2. On the same day, at around 22:50 on the same day, a police officer’s request for the measurement of drinking alcohol was not made without justifiable grounds, even though there were reasonable grounds to deem that a police officer F, while under the influence of alcohol, had driven the breath like the preceding paragraph, while under the influence of alcohol, such as smelling and smelling the Defendant by drinking from F, on the face of the police officer affiliated with the said police box, and setting a red light on the face, and thus, he was required to comply with the measurement of drinking alcohol for about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution and the police interrogation of the accused;

1. Statement of each police statement concerning G and D;

1. The application of Acts and subordinate statutes to traffic accident reports, photographs, diagnosis certificates, reports on detection of drinking drivers, on-site investigations of death or injury resulting from dangerous driving, and investigation reports (the amount of drinking alcohol for a suspect);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime(s) and Article 148-2(1) of the Road Traffic Act.