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(영문) 대전지방법원 천안지원 2018.07.05 2018고단1033
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 8, 2018, the Defendant: (a) driven a 1 ton cargo vehicle B with alcohol concentration of about 0.169% in blood while under the influence of alcohol at a section of about 85km from the roads near a bus terminal located in the Seocho-si, Hongcheon-gun, Gangwon-do to the roads adjacent to the Dong Hongcheon-gun, Hongcheon-gun, Gangwon-do.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is engaged in driving service of Bwing and Class III.

On March 8, 2018, at around 20:10, the Defendant was driving the above cargo vehicle in accordance with the one-lanes of Hongcheon-gun, Hongcheon-gun, Hongcheon-do, the two-lanes around Hongcheon-do, Hongcheon-do, Hongcheon-do, with the one-lanes around Hongcheon-do, the two-lanes around Hongcheon-do.

At the time, since it is a night and a national highway with frequent traffic of other vehicles, the driver of the vehicle has a duty of care to maintain a clean mind, see a careerline, and operate the steering system and brakes accurately and safely.

Nevertheless, the Defendant neglected this and failed to drive the said cargo vehicle under the influence of alcohol as set forth in the foregoing 1, and did not avoid the victim C (W, 58 years old) driver’s car at the front of the course and did not avoid it, and received the back part of the said cargo vehicle at the right part of the front of the said cargo vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the chill that requires two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. On-site photographs;

1. A report on the detection of a primary driver;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A written appraisal of alcohol during blood;

1. A medical certificate;

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