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(영문) 대전지방법원 2014.04.25 2014고단925
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 7, 2008, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on March 24, 2009, a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on March 24, 2009, and the same court on April 9, 2010, to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license).

On February 24, 2014, the Defendant, while under the influence of alcohol 0.137% without a driver’s license on February 10, 2014, driven a motor vehicle of 0.137% with a blood alcohol alcohol level, and driven the four-lane side of the five-lane road in front of the Daejeon Gama-dong Mamp Pamp-dong, Daejeon, Seo-gu, Daejeon along the direction of the five-lane distance from the fourth distance along the Daejeon.

Since there are crosswalks where signal lights are installed, there was a duty of care to reduce speed and prevent accidents in advance by safely driving the front line in accordance with the new code, but the Defendant neglected to drive under the influence of drinking, such as bad drinking conditions, red and snow shock, while neglecting it in a state where normal driving is difficult due to the influence of drinking, and due to the negligence of driving in contravention of the signal, caused the victim D (the age of 23) who dried the crosswalk on the right side of the Defendant’s vehicle to take the front part of the Defendant’s vehicle, thereby incurring about six weeks of the inside and the inner wall in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Report on circumstantial statements of a driver and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (a copy of judgment, etc.);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the same Act concerning the crime.

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