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(영문) 대전지방법원 2016.11.11 2016고단2888
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 B B B B B B B BB car.

On August 9, 2016, at around 01:10, the Defendant driven the said car with a alcohol level of 0.264% 0.2%, and led the Defendant to drive the said car along a two-lane road in front of polytex University located in the Gayangdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, along a two-lane way from the Gaban to the Gaban-dong-dong.

At the time, since it was night and there was an intersection, the driver of the motor vehicle had a duty of care to prevent the accident in advance by driving the motor vehicle safely by checking the front side well.

Nevertheless, the Defendant neglected this and received the back portion of the car in front of the Defendant’s car, which was driven by the victim C(29 years of age) who is in the atmosphere of the signal at the front of the same speed due to the occupational negligence that continued to proceed at the same speed.

Ultimately, in a situation where normal operation is difficult due to influence of drinking, the Defendant suffered from the victim E (the 33-year old-age-old) (the victim E (the 33-year-old age-old) who was on board the damaged vehicle for the following reasons: (a) the crums, tensions, etc. in need of approximately two weeks of treatment; (b) the chills, tensions, and tensions, etc. in need of approximately two weeks of treatment; and (c) the victim F (the 61 year-old-old-age-old-age-old-age-age-age-age-age-age-age-age-age-age-age-of-age-age-age-age-age-age-of-age-age-age-of-

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of each sentence of imprisonment;

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

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