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(영문) 대전지방법원 천안지원 2016.05.27 2016고단134
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 14, 2016, the Defendant driving a DM5 vehicle while under the influence of alcohol content of about 0.192% at a section of about 1km from the street near the construction site of the original apartment to the road located in Asan City B from the street near the construction site of the original apartment to the road in front of the store located in Asan City.

2. Around 19:55 on January 14, 2016, the Defendant violated the Act on the Asan-si Asan-si Asan-si Asan-si Asan-si Act on the Asan-si Asan-si’s Asan-si Operation of Dom5 Motor Vehicles under the influence of alcohol concentration of 0.192% during blood, and led the Defendant to drive the Dom5 Motor Vehicles at the speed of the Sin-si in the direction of the Asan-si Police Station along the speed of the Sin-si.

In this case, the driver of the vehicle has a duty of care to properly operate the steering direction and the brake system and prevent the accident in advance, in the case where the vehicle that is directly moving toward the astronomical direction from the long distance of movable property and the vehicle that is moving to the astronomical direction from the direction of the Asan Police Station is a road, so in such a case, the driver of the vehicle has a duty of care to properly operate the steering direction and the brake system and prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the steering and brakes properly, and caused injury to the victim E (the 47-year-old driver) (the 47-year-old driver) who was straight ahead of the right side of the Defendant’s driver’s vehicle by taking the part of the victim G (the 24-year-old driver), E (the 23-year-old driver), and H (the 23-year-old driver), by taking the part of the upper part on the left side of the Defendant’s driver’s vehicle.

Ultimately, the Defendant was driving the said car in a situation where normal driving is difficult due to the influence of drinking, thereby causing injury to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. The survey report on the actual condition, the field map, the situation report on the driver at the main place;

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