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(영문) 대전지방법원 천안지원 2015.11.24 2015고단1712
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 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 or Injury caused by Dangerous Driving) is a person engaging in driving a motor vehicle B.

At around 19:50 on October 1, 2015, the Defendant driven the said vehicle while under the influence of alcohol of 0.256% of alcohol concentration, and proceeded on the right side of the main two complex in front of the main two-lanes of the main two-lane road in the Asan-si, Isan-si, with two-lanes of the main two-lanes of the main two complex.

However, since there is a center line, the driver has a duty of care to safely drive the wheel line while properly operating the steering wheel and brakes.

Nevertheless, the Defendant neglected to do so and neglected it, followed the Defendant’s negligence leading up to the center line, waiting for signal on the opposite lane, and making a stop by the victim C (In these 52 years old), who driven by the victim C (hereinafter referred to as the 52-year-old driver), and suffered injury, such as the light rupture, which requires approximately two weeks of treatment on the left-hand side of the said motor vehicle, by taking the front-hand part of the said test.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. The Defendant violated the Road Traffic Act (driving) driving a car under the influence of alcohol with a blood alcohol concentration of about 0.256% at a section of about 70 meters from the day front of the day-line in the Isan City, which is located in the Isan City, to the place under the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. Reports on traffic accidents and photographs thereof;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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