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(영문) 대전지방법원 2016.06.29 2016고단914
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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 with Chump.

On December 3, 2015, the Defendant driven the said car under the influence of alcohol concentration of 0.164% in the blood, while driving the said car under the influence of alcohol level of 0.164% on the roads in front of the "E" motor vehicle shop in Daejeon, Daejeon, Daejeon on December 3, 2015, and moved it to the direction higher than that of the middle village in the direction of the present cancer, and led to driving the road across the opposite direction.

Since the passage of a vehicle is frequent, in such a case, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle at a speed or method that does not cause any danger or impediment to others depending on the traffic condition of the road, and to safely report the traffic situation before and after the vehicle, and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant was driven by the victim FF (67 years old) who was driving a two-lane road in the direction of the middle-lane in the direction of the four-lane to the middle-lane to the middle-lane. The Defendant was driven by the Defendant on the right side of the G-based taxi operated by the Defendant at the right side of the said passenger vehicle in front of the left side of the said vehicle.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury, such as salt, tension, etc. of the bones of wood, which requires treatment for about 20 days between the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a C-burged vehicle under the influence of alcohol content of about 200 meters at the section of approximately 0.164% from a main point where it is impossible to identify the trade name in the middle-gu, Daejeon Special Metropolitan City, Daejeon Special Metropolitan City to the place indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. The principal driver;

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