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(영문) 대전지방법원 천안지원 2014.12.19 2014고단476
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) the Defendant, a person engaged in driving a car at CCoon around 03:40 on February 24, 2014, was smelled in around 03:40, in an inaccurate manner, was in a state of drinking, in which there is a large range of walking, and snow is shocked, and the driving engine, departure point, driving distance cannot be memory, etc., but the Defendant was driving the said car along two-lanes in the direction of H5 vehicle in the direction of the Seoul (UU-5) in the direction of the victim D (the age of 42) in the direction of the same direction. The latter part of the EM5 vehicle driven by the victim D (the age of 42) was also the front part of the said CM 5 vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as light dump, which requires approximately three weeks of treatment, to the victim.

2. Violation of the Road Traffic Act (Refusal to measure a noise level) causes a traffic accident, such as paragraph 1, while driving a car in the above column while under the influence of alcohol at the time and place set forth in paragraph 1.

Therefore, the defendant was required to take a alcohol test three times from the chillf belonging to the expressway patrol team, and did not comply with the demand without justifiable reasons, on the grounds that there are reasonable grounds to recognize that he was driving a motor vehicle while under the influence of alcohol, such as smelling, in-depthness, heavy walking, and breathing snow, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. A report on the state of the state of driving under the influence of alcohol and a report on the control of drinking driving (Refusal of measurement);

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (1) of the Road Traffic Act as to the punishment of the crime;

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