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(영문) 대전지방법원 천안지원 2013.12.24 2013고단1307
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. Around 15:35 on June 17, 2013, the Defendant: (a) driven a car under the influence of alcohol with a blood alcohol concentration of about 0.314% from the section of about 53km to the point where approximately 352km point of Busan located in the Seoan-si, Seoan-si located in Seoan-si, Seoan-si.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and engages in driving motor vehicles;

On June 17, 2013, the defendant, around 15:35 on June 17, 2013, located around 352 km located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Busan, Busan, was running at a speed of about 80 km in speed depending on the four-lanes of speed from the waterside to the waterside.

At all times, there is a changeable lane on the right side of the four-lane and there is a possibility that there is a vehicle under stop in the safety zone on the expressway that has a safety zone on the right side, so there was a duty of care to safely drive the vehicle by checking well the front left.

Nevertheless, the Defendant neglected to drive normally due to the influence of alcohol, and neglected to do so, and neglected to do so, and entered the safety zone after passing through a changeable lane, and did not find the driver's d motor vehicle of the injured party C (V, 46 years old) who stopped in the smooth zone, and received the back part of the damaged vehicle due to the front part of the Defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents and photographs thereof;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of a written diagnosis and a written confirmation of hospitalization;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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