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(영문) 대전지방법원 2019.03.29 2019고단431
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

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

On December 8, 2018, the Defendant was under the influence of blood alcohol level of 0.193% on blood alcohol level around 05:00 on December 8, 2018, and the Defendant was under the influence of alcohol level of 0.193% on the 6-lanes near the Diplomatic Association in Seo-gu Daejeon, Seo-gu, Daejeon, with three-lanes, the Defendant was under the influence of the monthly

In such cases, drivers of vehicles and riders of horses have a duty of care to prevent accidents by driving along the center right side of the road.

Nevertheless, the Defendant neglected this and breadd the front part of the victim E(the age of 59) operated by the victim E(the age of 59) who was under normal progress due to the occupational negligence in the part of the road, which was driven by drinking while driving on the left-hand side of the road. The Defendant shocked the front part of the truck to the front part of the car.

Ultimately, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally, suffered injury, such as knee-fee-feel knee-feng, kne-fe-feas, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A traffic accident report, an inspection report on actual condition of a driver, a report on the circumstantial statement of a driver with an employer, a circumstantial report on the driver with an employer, and a criminal investigation report (time 15).

1. Notification of the results of the drinking driving control, inquiry into the results thereof, the ledger of driver's licenses, making inquiries into the motor vehicle, and verification sources of comprehensive motor vehicle insurance coverage;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing the incident site photographs and booms video CDs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 28, 2019); the choice of

1. Aggravation for concurrent crimes;

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