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(영문) 대전지방법원 2014.01.13 2013고단3831
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal power] On April 17, 2009, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, for a violation of the Road Traffic Act (driving) and for a violation of the Road Traffic Act. On January 4, 2008, the Defendant was sentenced to a fine of four million won for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, for a violation of the Road Traffic Act (driving) and for a violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person who is engaged in driving of Cracking6 Doz.

On August 3, 2013, the Defendant driven the above vehicle while under the influence of alcohol 0.243% of alcohol level around 21:30, and proceeded with the three-lane road in front of the Daejeon East East-dong Eargu Seoul Special Metropolitan City (Seoul Special Metropolitan City) at the speed of one speed depending on the length of the license test site and the length of the three-lane road in front of the Daejeon Special Metropolitan City Ear-dong Special Metropolitan City.

At the time, it was difficult for the Defendant to suck down the surface in rain because it was night and rained, and the Defendant was followed by the E pressle van driven by the victim D (the age of 52) prior to the same direction. As such, the Defendant had a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to keep the safety distance capable of avoiding when the said motor vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the said car in an excessively close vicinity and failed to properly operate the brake system, and was led to the front part of the press 6 ode that the Defendant driven by the Defendant.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, resulting in the Defendant’s loss of dynasium and tension on the bones of wood, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. The actual condition of traffic accidents;

1. Photographs of the accident site;

1. The report on detection of a host driver and the report on the circumstances of a host driver:

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