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(영문) 대전지방법원 2021.03.18 2020고단3804
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On April 1, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Daejeon District Court. On November 29, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Daejeon District Court. On April 27, 2012, the Defendant was sentenced to a suspended sentence of six months for imprisonment for a crime of violating the Road Traffic Act at the Daejeon District Court.

The defendant is a person who is engaged in driving a BM7 car.

On July 24, 2020, the Defendant driven the said vehicle under the influence of alcohol level of 0.185% among blood transfusion around 00:50 on July 24, 2020, and driven the three-lane of the D Hospital located in Seo-gu Daejeon, Seo-gu, Daejeon with the four-lane four-lanes from the fourth four-distance outflow.

At the same time, the vehicle was parked on the side side of the said three-lanes, and the victim E was driving a rocketing car on the two-lane, so in such a case, the driver was obliged to pay a duty of care to prevent accidents by accurately operating the steering side and the steering system and changing the vehicle.

Nevertheless, the Defendant did not maintain safety distance in a situation where normal driving is difficult due to the influence of drinking, such as the snow-free snow or walking well, etc., due to the influence of drinking, and due to the change of the vehicle, and received the part behind the right-hand side of the above SM7 vehicle and the part behind the left-hand side of the above SM7 vehicle.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the provision prohibiting driving under the influence of alcohol, and sustained injury to the victim by negligence in the course of performing his/her duties, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. The actual survey report, the report on the occurrence of a traffic accident, and the accident vehicle;

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