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(영문) 대전지방법원 천안지원 2018.10.26 2018고단1904
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 April 2, 2018, the Defendant: (a) driven a E-free car under the influence of alcohol content of about 0.238% from the 5km section from the 111m-dong, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, to the front roads in the south-gu, Seocheon-gu, Seocheon-gu; (b) around 08:50 on April 2, 2018, while under the influence of alcohol content of blood.

2. The Defendant is a person engaged in driving a vehicle E in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On April 2, 2018, the Defendant, while under the influence of alcohol around 08:50 on April 2, 2018, proceeded at a speed of about 30km from the sloping distance to the sloping distance of about 30km from the south-gu, Chungcheongnam-si.

Since there is a place where the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care to prevent traffic accidents by thoroughly holding the front time and observing the tea line.

However, the Defendant neglected to do so and received a question of driving seat of G 140 vehicles operated by the Victim F (F, F, 38 years old) who is a signal waiting in the front part of the vehicle in front of the vehicle in the central line due to the negligence of the Defendant.

Accordingly, the Defendant, while driving a motor vehicle under the influence of alcohol or drugs, suffered from the injury of light fluoral dume, etc. in need of treatment for about two weeks by the victim, and suffered from the injury of light fluoral dume, etc. in need of treatment for about two weeks to the victim H(V, 62 years old) who was on the i40 motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report;

1. A report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. A report on internal investigation (the analysis of black boxes and video data and the attachment of files);

1. Medical certificate (F);

1. Medical certificate (H);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5-1 of the same Act concerning the crime committed.

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