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(영문) 대전지방법원 천안지원 2014.05.01 2014고단304

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. On January 8, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol by 0.245% on blood alcohol concentration at around 20:20,00, 000, 000, 000, 000, 000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000, 00,000, and00,000, 00,000, 00,000, and 10,

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in advance by driving the motor vehicle in such a situation that it is difficult to drive the motor vehicle normally due to influence of drinking, and by driving the motor vehicle safely, such as driving on the front-hand traffic situation and accurately manipulating the steering and brakes, etc.

Nevertheless, the defendant neglected this and went to the 5th west of the Jeju 5 Complex on the side of both sides.

The part of the victim C (the 49-year-old driver) driving on the cross-stop which was stopped in the intersection was received as the front part of the car.

As a result, the Defendant driven a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to drinking, resulting in the injury of the victim C, such as salt pans and tensions, etc., and the injury of the victim E (55 years old) who was on board the vehicle drivinged by the said victim, for about two weeks of medical treatment.

2. The Defendant was driving under the influence of alcohol level of 0.245% at the time and place specified in paragraph (1) of this Article, as described in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement of the occurrence of each traffic accident by F and C, and G statement;

1. The report on traffic accidents, the actual condition survey report, etc.;