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(영문) 대전지방법원 천안지원 2016.05.19 2015고단2277
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On October 19, 2009, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) in the Daejeon District Court’s branch on November 4, 201, and was sentenced to a summary order of 1.5 million won for the same crime from the same support on November 4, 201, and was sentenced to a probation order of 1.5 million won for the same crime from the same support on March 13, 2015, and was sentenced to a suspended sentence of 4 months for the same crime on March 13, 201, and violated Article 44(1) of the Road Traffic Act at least twice.

[Criminal facts]

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a motor vehicle in a high-speed car.

On September 15, 2015, the Defendant was under the influence of alcohol content of 0.169% during blood transfusions at around 23:50, and the Defendant driven the said car and proceeded with a road without a central line prior to the “E” week located in the Asan City, as the restaurant of “E” at the cafeteria, the Defendant was under the influence of alcohol content of the said car.

In such cases, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle under the influence of alcohol as above, and there was a duty of care to prevent accidents by safely driving the motor vehicle by thoroughly operating the steering direction and brake system on the front side and accurately operating the vehicle.

Nevertheless, the defendant, under the influence of alcohol, is driving in a state where normal driving is difficult due to the influence of alcohol, such as putting a red light on the face while under the influence of alcohol, and the defendant was faced with the left side of the victim F (57) driving at the right side of the above road, and caused the victim to suffer injury, such as light dump, which requires approximately two weeks of medical treatment.

2. The Defendant is under the influence of alcohol concentration of 0.169% without obtaining a driver’s license on a vehicle at the time specified in paragraph (1) and is under the influence of alcohol concentration of 0.169% in blood, and is under the non-exclusive restaurant in the same location.

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