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(영문) 대전지방법원 논산지원 2019.03.22 2018고단554
특정범죄가중처벌등에관한법률위반(위험운전치상)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

Punishment of the crime

The defendant is a person who is engaged in driving a set of car B.

On September 23:15, 2018, the Defendant driven the said Liber car, which was not covered by mandatory insurance, while under the influence of alcohol 0.175% of the blood alcohol concentration, and continued two-lane roads in front of the C building, along one-lane distance from the direction of the amampiz.

At the time, there are nights and signals at fronts, so in such cases, there was a duty of care to reduce speed to persons engaged in the driving of motor vehicles and to prevent accidents in advance by looking at the same attitude of other vehicles in the signal lights and fronts.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim D(57 years of age) driving at the right side of the victim D(57 years of age) who is waiting at the front line in the front line, and the Defendant got the front side of the said L 5-si, and caused the foregoing K5-si to a shock, and caused the said K 5-si to become the front side of the F 5-si in front of the F 5-si in front.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as brain-dead, which does not have two or more open situations requiring medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. A medical certificate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 5-11 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, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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