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(영문) 대전지방법원 2014.07.01 2014고단1469
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On October 19, 2007, the Defendant was sentenced to a fine of KRW 1.5 million by the Daejeon District Court for a violation of the Road Traffic Act, and a fine of KRW 5 million by the same court on November 26, 2012.

The defendant is engaged in driving a B Belgium car.

On April 4, 2014, the Defendant, while under the influence of alcohol with 0.146 percent of the blood alcohol concentration without a driver’s license on April 23:0, 2014, proceeded from the 3rd-ro apartment on the side of Sampz Apartment apartment of Daejeon-dong, Daejeon, to the 5th-ro-ro complex.

At the time of night, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle while keeping the front door well and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the victim C(59 years old)'s D Poter cargo vehicle in front of the Defendant's vehicle and received approximately two weeks of treatment from the victim, due to the negligence in progress, while neglecting it.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice again, driven a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking, such as bad drinking and red color, and caused the injury of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on detection of a host driver;

1. A medical certificate;

1. Registers of driver's licenses;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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