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(영문) 대전지방법원 논산지원 2017.11.28 2017고단564
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for 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

The defendant is a person engaged in driving a driver's vehicle in B Hegel.

On August 9, 2017, the Defendant driven the said vehicle in a state where it is difficult to drive it normally due to influence of alcohol level of 0.183% in blood alcohol during the influence of the influence of alcohol at around 22:23 on August 9, 2017, and led the Defendant to drive the said vehicle toward the large distance from the apartment on the side of the 7-lane 3-gil, Gigu, Giwon apartment, Gigu, Gigu, Gig

At the time, there are nights and there was a center separation, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brake system of the vehicle and driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive a stroke while driving the stroke, caused the center to be separated from the Defendant’s vehicle and moved the said vehicle to the stroke.

Ultimately, the Defendant suffered injury to the victim C (33) who was on board the chief of the Defendant’s driving vehicle due to the foregoing occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

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. A report on investigation (Attachment of a medical certificate);

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant again committed the instant crime despite the fact that he/she had been punished for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture or the order to provide community service order.

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