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(영문) 대전지방법원 천안지원 2013.04.26 2012고단1741

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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

The defendant is a person who is engaged in driving a rocketing car.

On October 3, 2012, at around 19:10 on October 3, 2012, the Defendant driven the said vehicle while under the influence of alcohol of 0.113%, and led the two-lane road in front of the entrance patrol box located in the West-gu, Western-gu, Western-gu, Seoan-gu, to proceed along the two-lanes at the vicinity of the listed intersection.

A driver has a duty of care to prevent accidents by driving a person engaged in driving duty closely and safely by properly operating brakes and steering gear according to traffic conditions.

Nevertheless, the Defendant neglected to drive the said vehicle on the front side of the said vehicle in a state where it is impossible to drive the vehicle normally due to the influence of drinking, such as the above influence of drinking, and divided the body into the victim E (V, 41 years old) who was seated on the front side of the said vehicle and dialogue, and did not discover the Gpoter vehicle of the FF driver who was parked on the right side of the said vehicle and received the rear left side part of the said vehicle into the right side of the said vehicle.

Due to its shock, the Defendant suffered a horse flag due to any damage to the rash, which could not be known about the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A written statement prepared in H and E;

1. The actual condition survey report;

1. A written proposal from an employer and a circumstantial report from an employer;

1. Each photograph;

1. Written estimate;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant 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 the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.