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(영문) 대전지방법원 논산지원 2017.07.11 2017고단289
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

The Defendant is a person who is engaged in driving of B-II cargo.

On March 29, 2017, the Defendant, without obtaining a driver's license of a motor vehicle on March 19, 2017, driven the above cargo vehicle in the state where it is difficult to drive normally due to the influence of alcohol level 0.194% in blood, and led to the driving of the above cargo vehicle in the state where it is difficult to drive normally, depending on the influence of alcohol level 0.194% in blood, according to the two-lanes between the two-lanes in the direction of Daejeon.

At the time, the signal was installed at night and at the front door, so in such a case, there was a duty of care to reduce the speed and to prevent the accident by driving the vehicle's attitude, and to prevent it in advance.

Nevertheless, due to the negligence of being negligent in driving while driving, the Defendant received the front part of the victim E (56) driving vehicle of the victim C(46) driving in the signal atmosphere from the bend and the front part of the victim E(56) driving in the opposite lane due to the shock. The Defendant received the front part of the passenger vehicle of the victim E(56) driving in the opposite lane.

As a result, the Defendant suffered injury to the victim C, such as salt, tensions, etc., which requires approximately three weeks of medical treatment by occupational negligence as above, and injury to the victim G (V, 56 years of age) who was on board the victim E and the victim E driving, such as light and fluoral fluor, in need of three weeks of medical treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Each investigation report (attached medical certificates, etc.);

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning facts constituting an offense (the point of drinking) of the relevant Act;

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