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(영문) 대전지방법원 천안지원 2013.05.31 2013고단247
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BFD car.

On January 19, 2013, the Defendant measured the blood alcohol level of 0.185% on a 01:30-round 01:0, the Defendant driven the said car while under the influence of alcohol, such as chilling and smelling, etc., and led the Defendant to turn to the left from the view of viewing in the tent-dong Yandong, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Yan-gu, Yan-gu, the model lower-distance of Yan-dong, Yan-dong, to turn to the left.

At the time, the signal, etc. is installed at night and at the front, so in such a case, the defendant engaged in driving the motor vehicle had a duty of care to prevent the traffic accident in advance by safely driving the motor vehicle by driving the motor vehicle, such as checking the right and the right, observing the signal, etc.

Nevertheless, under the influence of alcohol, the Defendant neglected to make a left-hand turn by negligence in violation of the left-hand stop signal, and caused the front of the victim C(57 years old) driving in accordance with the new subparagraph, which was in the right-hand turn, to the front of the Defendant’s car.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C by driving a motor vehicle for about six weeks, resulting in an injury to the victim E (V, 36 years of age) who was accompanied by the Defendant’s vehicle for about eight weeks in need of medical treatment.

2. Around 01:30 on January 19, 2013, the Defendant driven a BFD car under the influence of alcohol concentration of about 0.185% on a section of about 2km from the two-dong, Seo-gu, Seoan-dong, Seoan-dong, Seoan-gu, Seoan-gu, to the front side of the White-dong model lower-water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written statement prepared in C;

1. A traffic accident report (on the actual condition survey report);

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