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(영문) 대전지방법원 홍성지원 2016.03.07 2015고단641
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 vehicle with C low Pest another car.

1. On June 25, 2015, the Defendant: (a) driven the said low-speed car under the influence of alcohol content of about 0.144% from the section of approximately 1km to the front road of “E” located in Taiwan-dong, Seocheon-si, Seocheon-si. From the front of the trade name in front of the so-called “SPS” to the front road of “E” located in the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) led the Defendant to drive the said high-speed car with a alcohol content of 0.14% at the time of the day set forth in paragraph 1, while under the influence of alcohol, and drive the said high-speed car at the speed of 0.14%, and drive the two-lane road in front of the “E” located in Boli-si D along one lane at the distance of death and death.

At the time, it was a hond road where the view was difficult to start due to the night, so in such a case, a person engaged in driving a motor vehicle has a duty of care to drive the motor vehicle by properly seeing the front door and accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol, Defendant 1 was negligent in driving a motor vehicle with the above highest steering gear while not able to accurately operate the steering gear, and the victim F (33 years old) who proceeds from driving the motor vehicle along one lane on the opposite side of the Defendant at the Madin Defendant’s Madin Defendant’s Hadon Hadon Hadon Hadon Hadon Hadon Hadon Hadon Hadon Hadon Hadon Had on the left side of the said high driving vehicle.

As above, the Defendant, while driving under a difficult condition due to the influence of drinking, sustained injury to the victim, such as culp and fluoral dynasium, which require the victim to take a medical treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Notification of a traffic accident inspection report and the results of the crackdown on drinking driving;

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