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(영문) 대전지방법원 서산지원 2013.04.19 2012고단1163
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 9, 2012, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1.5 million with a fine of KRW 2.5 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on November 11, 2010, and on April 19, 201, with a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

2. Criminal facts are those who drive C Poter cargo as a duty.

On December 5, 2012, at around 18:30 on December 18, 2012, the Defendant driven the above cargo with a blood alcohol concentration of 0.128% without a driver's license and it was difficult to drive the vehicle normally due to the influence of 0.128%, and proceeded at a speed of about 40 km from the budget room to the budget room, depending on the two-lanes of the two-lane.

Since there are frequent traffic of vehicles, the driver of the vehicle driving at this place has a duty of care to see the front door, and to drive the steering direction and brake system accurately.

Nevertheless, under the influence of alcohol, the Defendant, who was negligent in performing the above duty of care, was driven by the victim D(the age of 39) who was driven by the victim D(the age of 39) who was driving in the front line of the same direction, with the front part of the said cargo vehicle, and caused the victim to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report, a traffic accident report, an accident site, and a vehicle photograph;

1. Reports on detection and circumstantial statements;

1. Registers of driver's licenses;

1. A medical certificate;

1. Previous convictions in judgment: Criminal records and investigation reports (the attachment of the previous and a certified copy of the summary order) shall apply to the Acts and subordinate statutes;

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