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(영문) 대전지방법원 천안지원 2016.08.26 2016고단1040
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing motor vehicle B.

On May 11, 2016, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.141% from blood transfusion 23:55, while driving the vehicle, and driving the vehicle in the direction of the North Korean High School in the direction of the university of the Republic of Korea from the direction of the university of the Republic of Korea to the direction of the three-lane distance prior to the entrance of the university of the Republic of Korea.

At the time, the Defendant, prior to the same direction, followed the victim C(32) driving Doz vehicles. In such a case, the Defendant had a duty of care to ensure safety distance to avoid when the said vehicle stops.

Nevertheless, the Defendant neglected to do so and did not properly look at the situation of the foregoing business vehicle that was driven before and without securing a safe distance, and was stopped for left-hand turn due to negligence, and received the back part of the said business vehicle as the front-hand part of the Defendant’s driving.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dynasium, tension, etc., in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition, a statement on the circumstances of a driver driving, and a notification of the results of regulating drinking;

1. On-site and vehicle photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act for orders to provide community service and attend lectures;

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