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(영문) 대전지방법원 천안지원 2014.04.11 2013고단1854
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

Criminal facts

The defendant is a person who is engaged in driving a B carren vehicle.

1. Around November 21, 2013, the Defendant driven the said vehicle under the influence of alcohol content of 0.173% at a distance of about 6 km from a 0.173%, where he/she is under the influence of alcohol at a distance of about 0.173% in front of the two east-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the said vehicle while under the influence of alcohol 0.173% at a temporary border, such as Paragraph 1, and led to a speed of about 60km in speed from the west-gu, Yanan-dong, Yan-dong, Yannam-gu, Seoul, to drive the said vehicle at a speed of 0.173%.

Since at night, a person engaged in driving service is at night, he/she has a duty of care to care in preventing accidents by accurately manipulating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(40 years of age) who was in the atmosphere of signal at the front of the vehicle and was driven by the victim C(40 years of age) in the front of the vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and sustained injury to the victim E (the 29 years old) by driving the motor vehicle for about two weeks, such as cerebral leuma which requires medical treatment, and suffered from the injury of the victim E (the 29 years old) who is the passenger of the said rocketing or other motor vehicle for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. Statement under the circumstances of a drinking driver, and written appraisal of blood alcohol;

1. Application of statutes on field photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking).

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