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(영문) 대전지방법원 2013.05.02 2012고단4731
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 23:40 on November 18, 2012, the Defendant driven CM3 automobiles while under the influence of alcohol with a blood alcohol concentration of 0.188% without obtaining a driver’s license in the section of 400 meters from the name of strings in the same Dong-dong and the front road, from the 23:45 on the day before the strings in front of the strings of poppy, which are located in the front of the poppy, and the front road of the 400-meter road.

2. On November 18, 2012, the Defendant violated the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment (Death or Injury caused by Dangerous Driving) driving the said car, driving around around 23:45, and driving a name tag in front of the entrance of the Daejeon Dong-gu and the front road at the seat of the complex terminal, with a forest apartment room located at the seat of the complex, a speed of about 30km.

At the time, it was night and at the same time a third-party road. Therefore, the driver of the motor vehicle had a duty of care to safely operate the motor vehicle according to the car line and to prevent the accident in advance.

Nevertheless, the Defendant, under the influence of alcohol, was under the influence of alcohol, who was driven by the victim D(the age of 56) due to the negligence of driving the road while driving on the road without properly examining the situation of the road in the situation where normal driving is difficult due to the influence of alcohol, such as flaging, driving a speech and walk, maintaining a small distance, face and snow while walking, etc., and received the front part of the front part of the eM5 taxi driven by the Defendant.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim D, such as saltss of the bones of verte, which requires medical treatment for about two weeks, and the victim F (year 41) who is the son, respectively, due to approximately two weeks of medical treatment of the victim F (year 41).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. The actual condition survey report, the statement of the circumstances of a driver, and the register of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions concerning facts constituting an offense;

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