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(영문) 대전지방법원 2016.03.31 2016고단132

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a vehicle with B high-speed car.

On December 16, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.214% during blood transfusion around 15:00, and led to the drive of the said vehicle in front of the Daejeon U.S. Child Care Center C in the direction of the unfashion in the direction of the Republic of Korea.

The place was parked in the vicinity of a narrow road and the surface was milched after snow, so there was a duty of care to prevent accidents by accurately manipulating the front and the left and the right of the driver of the motor vehicle and accurately manipulating the steering and the brakes to prevent accidents.

Nevertheless, the Defendant, due to drinking, was negligent in driving in a situation where it is difficult to drive in a normal manner due to a lack of body such as a string, without being negligent, due to drinking, and received the Ferper part in front of the left-hand side of the Defendant’s vehicle in front of the left-hand part of the Defendant’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant, as seen above, driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E, such as salt, tension, etc. of the tension, and the victim G (the 47 years old) and the victim H (the 54 years old) who flicked the damaged motor vehicle for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a passenger car with the above B low-free car while under the influence of alcohol 0.214% in blood at the same time and at a place as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver in charge; and