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(영문) 대전지방법원 2017.03.30 2016고단303
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C14 tons of cargo vehicles.

On December 24, 2015, at around 17:55, the Defendant, while driving the above cargo while under the influence of alcohol at around 0.159%, while driving the above cargo at the speed of about 48.2 km in blood at the point of origin of the branch line of the Honam Highway, Chungcheongnam-gu, Daejeon-gu, Daejeon-gu, Daejeon-do on December 24, 2015, due to the negligence that the Defendant was unable to properly operate the steering direction and operation system in the state where normal operation of the truck is difficult due to the influence of drinking while driving the steering direction and operation system in the face of Daejeon-si, the back part of the vehicle was received in the direction of the victim D (the south, 67 years old) who stopped the vehicle at the vehicle at the front of the train.

Defendant 1 suffered approximately two weeks of tensions, tensions, etc. from the victim D due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A report on investigation;

1. A traffic accident report;

1. A person who drives a drinking alcohol and a written request for referral;

1. Field map of a traffic accident;

1. A medical certificate;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger, the choice of imprisonment), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime (the point of driving alcohol and the choice of imprisonment);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is when and against the defendant committed the instant crime, the fact that the defendant has subscribed to a comprehensive motor vehicle insurance for the victim, the degree of injury of the victim is not severe, and the fact that the defendant has no criminal record exceeding the fine, etc., in favor of the defendant, a traffic accident caused by driving under the influence of alcohol is not easy, and the defendant has a criminal record of a violation of the Act on Special Cases concerning the Settlement of Drinking and Traffic Accidents, and the defendant did not agree with the victim.

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