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(영문) 대전지방법원 천안지원 2015.07.09 2015고단663
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving of wing-3 cargo vehicles in salary class B;

On April 5, 2015, at around 10:40, the Defendant driven the above cargo vehicle under the influence of alcohol of 0.166% with a blood alcohol concentration of 0.16%, and proceeded on the roads of the distance, which is the front unit of the apartment, the transferee of the Handong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon Metropolitan City, as the front unit of the apartment.

At all times, a road adjacent to an intersection where vehicle traffic is frequently and traffic is frequent and traffic signal atmosphere. In such a case, a person engaged in driving a motor vehicle is not able to drive the motor vehicle under the influence of alcohol as above, as well as a person engaged in driving a motor vehicle, and has a duty of care to prevent an accident by safely driving the motor vehicle, such as thoroughly operating the steering direction and brake system of the motor vehicle and accurately operating the steering gear of the motor vehicle.

Nevertheless, the Defendant continued to drive the vehicle in a state where normal driving is difficult due to the influence of drinking, such as being placed red on the face, and continued to drive the vehicle in a state where normal driving is difficult, and the Defendant received the part of the shot part of the victim C (the 47-year-old driver), who was in the front direction of the course, from the front part of the vehicle in front of the signal at the time, and caused the victim E(the 48-year-old passenger), who is the passenger in the above vehicle volume, to receive approximately two weeks of medical treatment, respectively.

2. The Defendant violated the Road Traffic Act (driving) driving the said B rolling stock within a about 3km section from the date and time set forth in the preceding paragraph to the front apartment, the transferee of which was recorded in the preceding paragraph, at the vicinity of the brick apartment located in the Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Incheon-si, to the distance from the point of view as the front apartment, the transferee of which was recorded in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the police statement with C 1.

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