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(영문) 대전지방법원 홍성지원 2016.06.01 2016고단209
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

[criminal history] On May 18, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating road traffic law (dacting driving) in the Red support of the Daejeon District Court on May 18, 200, and a fine of KRW 2,00,000 as the same crime from the first branch support in the Chuncheon District Court on December 30, 2014.

[Criminal facts]

1. On March 5, 2016, the Defendant violated the Road Traffic Act (drinking) two or more times in violation of the Road Traffic Act (drinking) and once again drives B-type cargo under the influence of alcohol concentration of 0.118% in the direction of approximately 6km from the section of approximately 6km to the front of the road in the budget-to-be budget-to-be of the Chungcheongnam-gun budget-to-be budget-Eup on March 5, 2016, starting from the road in front of the three fold range in the budget-to-be budget-to-be budget-to-be in the budget-to-be budget-to-be budget-to-be on March 5, 2016.

2. On March 5, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven the above cargo vehicle while under the influence of alcohol level of 0.118% during blood transfusion on March 5, 2016, and led the two-lane road in front of the above ear crossing from the budget Eup along the two-lane distance towards the airspace of the air at the port of the city.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to see the front door well, and to prevent accidents in advance by accurately manipulating steering devices, brakes, and other devices according to the new code.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(50) who was in the atmosphere of signal at the same lane prior to the same lane due to negligence that did not brealy breath and did not breath on the front part of the said cargo vehicle, following the HG car, which was driven by the victim C(50).

After all, the Defendant driving the above cargo in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (the age of 45) who was on board the said vehicle with the victim C and the victim E (the age of 45) for about a week medical treatment.

(i) the evidence;

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