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(영문) 대전지방법원 2018.04.19 2017고단4734
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a three-dimensional car.

On November 1, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.294% among blood alcohol level around 01:55, and changed the lane to the two-lanes between the two-lanes in front of the cafeteria in Daejeon-gu, Daejeon-gu.

In such cases, the driver has a duty of care to give notice of change of course by operating direction direction, etc., and to change the vehicle line in the future and the right by taking into account the traffic situation at the right and the right.

Nevertheless, the Defendant neglected this and caused the Defendant to change the right side of the victim F (V, 63 years old) driving G K5 business taxi into one lane in the same direction, and contacted the victim F (V, 63 years old) driving with the upper part above the left side of the Defendant driving vehicle.

As a result, the Defendant suffered, by negligence, injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about 20 days, and injury to the victim H on board the victimized vehicle, including salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report, an accident scene, and photographs of vehicles related to accidents;

1. Inquiries about reports on detection of drivers engaged in driving, reports on the circumstances of driving under the influence of alcohol, and results of crackdown on driving under drinking;

1. Each written diagnosis, estimate, motor vehicle registration certificate, and the ledger of motor vehicle driver's licenses;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-11 of the Act on the Punishment, etc. of Specific Crimes under the relevant Act on the Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act on the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The community service order and the like;

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