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(영문) 대전지방법원 천안지원 2013.10.10 2013고단887
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant on June 1, 2013 at a speed of 20 km per hour in accordance with the speed of 20 km in the face of a direct mountain and Eup located in the vicinity of the flow distance in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-do, by driving the said car under the influence of alcohol concentration of 0.29% on June 1, 2013.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front door and left door well, and accurately operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant had been negligent in driving on the same vehicle line, and had been prior to the driving of the victim C(the 48-year-old driver) who was in the atmosphere of the signal cM3 car, and had been shocked on the front part of the driver's seat on the Defendant's vehicle.

As such, the Defendant suffered from the injury of the victim, such as light oil and dump salt, etc., for about two weeks in need of medical treatment, by negligence, while driving in a state where normal driving is difficult due to the influence of drinking.

2. The Defendant violated the Road Traffic Act (driving) at the time stated in paragraph (1) of this Article, the Defendant driven the said SM5 vehicle under the influence of alcohol by 0.292% with a blood alcohol concentration of about 2km from the 2km section around the ebspheric spheric spheric spheric spheric spheric spheric spheric spheric

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident by Defendant C and C;

1. The actual survey report and the occurrence of traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Photographs;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 5-11 of the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment, Etc., and Article 5-11 of the Road Traffic Act on the Punishment of Specific Crimes Aggravated Punishment, etc.

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