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(영문) 대전지방법원 2015.01.21 2014고단3346
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 engaged in driving a C-A-Wurt Motor Vehicle.

On August 22, 2014, the Defendant driven the said car with the blood alcohol concentration of 0.238% 0.20% around August 22, 2014, and driven the same car along the three-lanes between the four-lane distance from the four-lane distance near the Acheon-gu, Daejeon.

Since at night, a person engaged in driving service is at night, and even though there was a duty of care to check the course safety and drive in good mind, the defendant, as seen above, neglected to drive in a situation where normal operation is difficult due to drinking, and by negligence, caused the victim D (the age 27) driving E-learning car standing in the front direction of the signal signal in the front direction of the traffic signal in the front direction, and caused the victim to suffer injury, such as a string of a chest chill, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Report on the circumstantial statement of the driver, report on request for appraisal, and report on detection of the driver;

1. A medical certificate;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes to criminal part agreements;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition for the reasons above, such as the fact that the sentencing of Article 62(1) of the Criminal Act is against the reason for the suspended sentence, the fact that the harming vehicle is subscribed to the comprehensive automobile insurance, the defendant's fault in the occurrence of the accident, the degree of blood alcohol, the degree of injury to the victim, and the agreement with the victim.

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