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(영문) 대전지방법원 천안지원 2016.08.11 2016고단790
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaged in driving a car with the horse B.

On April 18, 2016, the Defendant driven the said car under the influence of alcohol level of 0.129% from blood alcohol level around 18:40 on April 18, 2016, and continued to drive the said car at the speed of 0.129% in the direction of the white-water distance from the white-water distance to the white-water distance from the white-water distance.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as keeping the traffic situation well and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant was negligent in driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking, and the Defendant was negligent in driving the motor vehicle on the front side of the motor vehicle driven by the victim C ( South, the age of 31) who was waiting in the signal at the front side, and then was driven by the Defendant as the front part of the motor vehicle driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. On April 18, 2016, the Defendant was under the influence of alcohol leveling 0.136% from blood alcohol leveling around 18:40, the Defendant driven a vehicle B at a section of about 50 meters from the front of a restaurant of “fungcheon,” located in the north-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu to the front road of the Yan apartment complex of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement concerning C;

1. A medical certificate;

1. Reports on the occurrence of a traffic accident (1);

1. A report on the detection of a primary driver;

1. The ledger using the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to the completion of correction;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of dangerous driving) as to the crime.

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