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(영문) 대전지방법원 천안지원 2013.04.11 2012고단1148
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. At around 01:30 on June 10, 2012, the Defendant illegally used a motor vehicle, etc., driving the said motor vehicle at a distance of about 5 km from that time to that front of the retaining wall of G, a stock company located in F on the street in front of Dong-gu, Dong-gu, Dong-gu, Seoul, without the victim D’s consent, and used the said motor vehicle temporarily from that time to that of the retaining wall of G, a stock company located in F on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and Violation of the Road Traffic Act (Aggravated Punishment, etc. on June 10, 2012, the Defendant, while under the influence of alcohol at around 02:58, 00, driven the said E-car with a low alcohol level of 0.162%, and proceeded at such a speed as would make it difficult to know from Byungcheon to Jincheon-gu, East-gu, west. At night, at night, at night, she is placed on the right side where the median line is installed. In such a case, the Defendant was negligent in driving the vehicle with the duty of care to prevent accidents in advance by driving the vehicle in a safe manner, and thereby driving the vehicle in a safe manner to keep the direction and operation of the steering system to the right side of the 5-day, so he was forced to drive the vehicle without neglecting it, while driving the vehicle in front of the 5-day Haak-gu and the 5-day Haak field.

Summary of Evidence

1. Statement of the defendant in the protocol of the second and third trial;

1. Each police statement made to D or J;

1. A written statement of I;

1. The application of Acts and subordinate statutes, such as traffic accident report (1), (2), on-site photographs, inquiry into the results of the regulation of drinking driving, making inquiries into the results of the regulation of drinking driving, report on detection of drinking drivers, and medical certificate (I);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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