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(영문) 대전지방법원 2017.10.31 2017고단3172
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

1. On May 10, 2017, the Defendant: (a) driven B car while under the influence of alcohol content of about 0.223% in a section of about 1km from May 10, 2017 to the roads adjacent to the sloping-dong, Daejeon-dong, Sung-dong, Daejeon-dong, Hongnam-do; (b) around 05:10 on May 10, 201.

2. The Defendant is a person who is engaged in driving a Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On May 10, 2017, the Defendant driven the above vehicle at around 05:10, and driven the above vehicle at the speed of the red-do road above that of the Hongnam-dong, Daejeon Metropolitan City, along the four-lane distance from the front to the present maid.

At the time, it is night and its location is installed with the center line of yellow solid lines, so a person engaged in driving service has a duty of care to thoroughly operate the front-round city and to safely operate the tea.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while normal driving due to the influence of alcohol and caused the negligence of driving the central line, thereby leading to the left side of the Defendant’s driving vehicle of the victim C(69) which was under normal driving due to the negligence of the Defendant’s driving.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, was injured by the victim E (the victim E (the age of 66) who was aboard the damaged motor vehicle for about 4 weeks, such as cutting off the cage of cage cages, which requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A C’s statement (the occurrence of traffic accidents);

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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