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(영문) 대전지방법원 천안지원 2016.01.19 2015고단1751
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle C with a vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On October 1, 2015, the Defendant driven the said car while under the influence of alcohol concentration in around 23:00, while driving the car, and proceeded with the main apartment side on the side of the sports complex, depending on one-lane crossing of the front of the main apartment in front of the main apartment located in the north-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu.

However, the driver had a duty of care to safely operate by accurately operating the steering and steering the steering wheel and brake system.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s negligence, waiting for signal at the bee zone, and waiting for the signal at the bee zone, and received the part of the victim D(37 )’s rocketing part behind the above Aardi vehicle as the part of the front part of the said Aardi vehicle, and suffered from the injury of dratum cule, etc. requiring approximately two weeks of treatment to the said D, and the injury of the victim F (F, 19 years of age), who was on board the said rocketing or other car, requiring approximately two weeks of treatment.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of each person.

2. The defendant, at around 23:20 on the same day as the above paragraph (1) of the Road Traffic Act, was driven under the influence of alcohol by the defendant, at around 23:20 on the same place, after receiving the report of the above traffic accident, from H in the circumstances belonging to the G District Unit of the Seocheon-west Police Station G District in the west-gu, Seocheon-gu, the face of which shows the reaction of drinking, and under the influence of alcohol

As there are reasonable grounds to determine a seal, it was demanded to respond to the measurement of drinking by inserting the whole in part of the drinking measuring instruments from the above time to 13:43 on the same day.

그러나 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로...

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