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(영문) 대전지방법원 논산지원 2018.08.21 2018고단167
특정범죄가중처벌등에관한법률위반(위험운전치상)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 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 the 6-line cargo driving service in Bone Star reduction 6-line cargo vehicles.

On February 27, 2018, the Defendant driven the foregoing cargo vehicle under the influence of alcohol content of 0.186% during blood transfusions on February 27, 2018, and continued the intersection of the shooting distance in front of the D pharmacy C at Egsan City, in the direction of facing the direction of the west, from the direction of the Gan apartment.

Since the location is where a signal, etc. is installed, a person engaged in driving service has a duty of care to safely drive the vehicle in accordance with the vehicle's progress signals by reducing speed and by properly examining the right and the right of the vehicle.

Nevertheless, the Defendant’s negligence, while driving normally is difficult due to influence of alcohol, led to the failure of the Defendant’s driving without disregarding the red-off warning signal in the direction of the driving, led to the impact of the Defendant’s full part of the FST5 car driven in the direction of the driving distance from the right side of the Defendant’s driving vehicle to the right side of the Defendant’s driving vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E such as brain-dead, etc., which requires approximately three weeks of medical treatment on the victim E, and suffered injury to the victim vehicle G (69 years of age) with no injury, such as brain-dead, etc. which requires approximately three weeks of medical treatment on the victim vehicle G (69 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. A report on investigation (Submission of a medical certificate, etc.);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor (referred to as the height of drinking and the defendant's seal);

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