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(영문) 대전지방법원 천안지원 2016.09.27 2016고단1042

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 of C Launa vehicles.

On March 17, 2016, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.116% during blood transfusion 0.22:30% on March 17, 2016, and driven the road of 4-lane Do along the direction of the new distance from the intersection to the direction of the new distance.

At the time, the Defendant, prior to the same direction, was followed by the Victim D(52) BaW Motor Vehicle in the same direction. In such a case, the Defendant had a duty of care to ensure safety distance to avoid when the said Motor Vehicle stops.

Nevertheless, the Defendant neglected to do so and proceed without examining the situation of the above BMW vehicle, which was proceeding before the Defendant, and without securing a safe distance. The above BM vehicle was found late to stop for the signal waiting atmosphere, and the part of the back part of the above BM vehicle was found to be the front part of the Defendant’s driving vehicle.

As a result, the Defendant driven the above vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D and the victim F (61) of the said passenger, such as brain, for about three weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. A written statement;

1. Each written diagnosis;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. A copy of the ledger using drinks for drinking;

1. Notification of the results of regulating drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing bodily harm to the victim) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.