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(영문) 대전지방법원 천안지원 2016.07.08 2016고단601
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B, Grandroth.

1. On April 11, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death before the risk) was drunk at the front parking lot of D Child Care Centers located in Northern-gu, Seocheon-gu, Seocheon-si, with a alcohol content of 0.126% during blood, and went back to the speed of about 20km in the direction of the road in the direction of the road at the above parking lot.

At the end of the defendant's proceeding direction, the victim E(n, 44 years old) driver's K3 driver's vehicle was in motion for signal signal, so in this case, the driver of the vehicle had a duty of care to prevent the accident in advance by looking at the front and rear side of the course and not moving back if a vehicle exists in the rear side.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so at the aftermath of the week and continued to enter the road, caused the victim E's right side part of the driver's vehicle to the right side of the driver's vehicle due to the negligence of entering the road.

As a result, the Defendant driven the above van while it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim E, such as the dynasium in need of approximately two weeks of medical treatment, the Defendant sustained injury to the victim G (the age of 37), the injury of crynasium in need of medical treatment for about two weeks, and the injury of the victim H (the age of 31) in need of medical treatment for about two weeks.

2. On April 11, 2016, the Defendant was under the influence of alcohol from the front parking lot of the D Child Care Center located in Northern-gu, Seo-gu, Chungcheongnam-gu, Seocheon-si to the front road of the parking lot to drive a Grand Sheet under the influence of alcohol of about 0.126% of alcohol while under the influence of alcohol from around 5 meters to around the parking lot.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual survey report, the occurrence of any traffic accident, and the driver of any driving school;

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