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(영문) 대전지방법원 공주지원 2015.10.30 2015고단284
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is engaged in driving cars B.

On June 5, 2015, when the Defendant was under the influence of 0.273% of blood alcohol level, the Defendant driven the above cargo vehicle, and proceeded with the above cargo vehicle in front of the Korean Electric Power located in the Yannam-si, Yannam-si, Yannam-si, the direction of the Yannam-si, Yannam-si, the Defendant again proceeded with it in the direction of the Yannam-si, Yan apartment. On the other hand, the Defendant had a duty of care to look at the point where the U.S. is permitted. In such a case, the Defendant had a duty of care to look at the driver.

Nevertheless, the Defendant, as seen above, was fluord by the negligence of fluoring the central line and driving the said road in a state where normal driving is difficult due to the influence of alcohol, and caused the injury of the victim C(the age of 17) who was driving the said road in the direction of the route of the mountain, shot (the age of 17) to the front part of the said area on the right-hand side of the said cargo vehicle, thereby having the victim go beyond the floor, thereby having the victim go beyond the floor for about two weeks.

Ultimately, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, C, F, and G;

1. A report on the occurrence of a traffic accident or a report on a traffic accident (1, 2, and a report on actual condition);

1. A medical certificate;

1. Control note, report on detection of a drinking driver, circumstantial statement of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. The punishment of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act to increase concurrent crimes is heavier;

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