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(영문) 대전지방법원 천안지원 2016.10.07 2016고단883
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

The defendant is a person who is engaged in driving a motor vehicle with a low bid.

On January 9, 2016, the Defendant driven the said car under the influence of alcohol of 0.185% with a blood alcohol concentration of 01:40%, and led to a two-lane road in the echeon-gu, west-gu, Seoul Special Metropolitan City, the Newbol-dong, and the two-lane road in the ebbbbbbb of Asan-si.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the central line, and the part of the front part of the victim E(52 years old) driving, which was driven by the Defendant due to the negligence of driving the said vehicle.

Ultimately, the Defendant operated the said car under the influence of normal driving due to the foregoing occupational negligence and caused the said victim E to suffer injury, such as the 1st lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever, which requires approximately 6 weeks of treatment of the said lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever lever l

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A survey report on actual conditions and a field map;

1. On-site photographs;

1. A report on the actual state of the drinking driver, and a report on detection thereof;

1. Request for appraisal and reply; and

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime concerned and the choice of punishment for each specific crime;

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

1. Imprisonment with prison labor for each choice of punishment;

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