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(영문) 대전지방법원 2020.05.21 2020고단131
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On August 7, 2018, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】

The defendant is a person who is engaged in driving a BM3 car.

On December 8, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.130% 0.130% around 00:55 on December 8, 2019, and driven the said car along a three-lane 3-lane 644 from the Seo-gu Seo-gu Seo-gu, Daejeon Special Metropolitan City (Seoul Metropolitan City) along a one-lane from the Seon Ne-gol-gol distance.

At this point, there was an intersection where traffic safety signs for traffic lights and left-hand turn are installed, so in such a case, there was a duty of care to look at the front side and left-hand side well and drive safely according to traffic signals and safety signs to prevent accidents.

Nevertheless, the Defendant neglected this and went to the left by the negligence of driving in violation of signal and safety signs while drunk, and brought the front right part of the victim C(Nam, 48 years old) driving in accordance with two lanes from the opposite direction to the direction of the defendant's course, and brought down the front right part of the victim C(Seoul, 48 years old) driving into the right part of the above SM3 car.

As a result, the Defendant, while driving the said car under the influence of alcohol that is difficult to drive normally, suffered injuries, such as salt ties, tensions, etc. from the victim E (ma, 24 years old), F (ma, 24 years old), and F (ma, 24 years old), each of which requires two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. Each written diagnosis;

1. Application of a summary order and the results of inquiry under Acts and subordinate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed with respect to the pertinent criminal facts.

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