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(영문) 대전지방법원 논산지원 2017.03.31 2016고단654
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of Bone Star Co., Ltd.

On October 28, 2016, the Defendant driven the above car at around 01:15, while driving the public parking lot located in the 1026 Egamamamama-dong 1026 while under the influence of alcohol 0.183% in blood.

At the time, since it is at night, a person engaged in driving service has a duty of care to accurately operate the steering system, steering system and other devices of the vehicle, and to safely drive the vehicle.

Nevertheless, the Defendant’s negligence, while neglecting to drive normally due to such influence of alcohol, led to the failure of the Defendant’s driver to stop in the above public parking lot, and the part of the Defendant’s driver’s vehicle in front of the right side of the car in the aforementioned public parking lot was shocked by the Defendant’s driver’s above part adjacent to the right side of the car.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment to the victim E (36 tax) who was on the said new car from the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is committed by the Defendant with injury to the victim in traffic accidents while driving in the state of full exploitation (0.183% alcohol level during blood transfusion).

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