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(영문) 대전지방법원 천안지원 2015.06.29 2015고단698
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On August 9, 2012, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. in the Support of the Daejeon District Court on the Incheon District Court on August 9, 2012, and the execution of the sentence was terminated at the Incheon Prison on April 8, 2013, and on April 22, 2014, the Defendant appealed six months of imprisonment with prison labor for murder, etc. and is still pending in the trial of open appeal.

(Seoul High Court Decision 2015No276). Criminal facts

1. The Defendant is a person who is engaged in driving a knife vehicle B in violation of the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment (Death or Injury resulting from Dangerous Driving).

At around 02:50 on December 14, 2014, the Defendant, while under the influence of alcohol of 0.119% of blood alcohol concentration, was forced to bypass the front of the D road located in Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu from D bank to the d banking surface.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has the duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the defendant neglected to do so and makes it a right-hand.

The upper part of the upper part of the victim E(50 years old) driving was received as the upper part of the upper part of the driver's fK7 car volume left-hand of the victim E(50 years old).

As a result, the Defendant suffered approximately two weeks’ salt, tension, etc. from the victim due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a car owned by G while under the influence of alcohol 0.119% in the blood alcohol concentration at the time and place set forth in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. The actual survey report and the occurrence of traffic accidents;

1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;

1. A medical certificate;

1. Criminal records, etc.;

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