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(영문) 대전지방법원 천안지원 2015.07.07 2015고단646
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving a passenger car;

On February 27, 2015, the Defendant driven the above car volume with 0.157% of alcohol concentration around 19:00, while under the influence of alcohol around 0.157%, and continued two-lanes of the three-lane road in front of the printing and original distance of Seongbuk-gu, Seocheon-gu, Seocheon-gu, Chungcheongnamcheon-gu, Chungcheongnam-do, Chungcheongnam-do.

At the time, night and a place where the passage of vehicles is frequent. In such a case, a person engaged in driving of a motor vehicle is prohibited from driving the motor vehicle under the influence of alcohol as above, as well as a person engaged in driving a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by ensuring the operation of the motor vehicle, such as thorough operation of the steering direction and brake system of the motor vehicle, and accurately

Nevertheless, as seen above, the Defendant, as a matter of influence of drinking, continued to drive in a state where normal driving is difficult, such as red-lighting and suppressions, due to the influence of drinking, and the Defendant took part of the part of the part of the victim C (W, 40 years old) who was in the atmosphere of the signal at the bend in the bend in the bend in the front of the vehicle of the Defendant, and suffered injury, such as salt, tension, etc. in need of a three-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the car volume from around 1 km section from the front of the “White-gu cafeteria” restaurant located in the same Gu, to the front of the printing window distance, while under the influence of alcohol 0.157% of the blood alcohol concentration at the time and time stated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, actual condition survey report, report on the occurrence of a traffic accident, site map, site map, and photographs related thereto;

1. Report on personnel actions of a drinking driver, report on the status of a drinking driver, and the ledger on the use of a drinking measuring instrument;

1. Each written diagnosis shall be subject to the law.

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