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(영문) 대전지방법원 논산지원 2012.04.24 2011고단26

특정범죄가중처벌등에관한법률위반(위험운전치사상) 등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 25, 2010, the Defendant, at around 21:55, driven a benz car with blood alcohol content of 0.174% under the influence of alcohol without a vehicle driver’s license, from the section where the distance cannot be known from the road near an outer restaurant located in the Masan-si, Seosan-si to the same Masan-si road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Crimes) was driven by the victim C (19 years old) who was sent a signal to turn to the left to the atmosphere of Daejeon at the time under the influence of alcohol as stated in paragraph (1) and was driven by the victim D (19 years old) in front of the left-hand part of the E-hand-hand vehicle at the left-hand side of the said E-hand-hand vehicle, where the victim D (19 years old) was on the left-hand side of the said passenger vehicle, because it was installed at the night at the time and after the passage of the intersection. In such a case, the driver had a duty of care to operate the steering gear accurately and safely along his own car.

As a result, the Defendant driven the benz car in a situation where normal driving is difficult due to the influence of drinking, and caused the victims to suffer from various injuries, such as Damp typ scam which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. On-site photographs;

1. A report on detection of a host driver;

1. Report on circumstantial statements;

1. Each statement of D and C;

1. Request for entrustment;

1. A request for inquiry;

1. Application of the statutes on the register of driver's licenses;

1. Relevant law concerning criminal facts (amended by Act No. 10790, Jun. 8, 2011).