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(영문) 대전지방법원 천안지원 2016.10.28 2016고단1682
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

【Criminal Power】 On March 16, 2010, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Seocheon Branch of the Daejeon District Court on March 16, 2010, and a summary order of KRW 1.5 million with the same court on February 12, 2013 due to a violation of the Road Traffic Act.

【Criminal Facts】 The Defendant is a person who is engaged in driving Category B motor vehicles.

As above, the Defendant, while under the influence of alcohol level 0.138% around 10:10 on August 12, 2016, the Defendant driven the said motor vehicle while driving the motor vehicle and driving the motor vehicle at a three-lane in front of the opposite intersection of the Seongbuk-gu Seongbuk-gu, Seoan-gu, Seoan-gu, Seoan-gu, in the direction of entrance, led to the left-hand left-hand turn in the right-hand way while driving the motor vehicle in the direction of the astronomical ICT.

At the time, the victim C driver's D-hurd motor vehicle was sent to the left-hand turn in the opposite direction, and the defendant was allowed to enter the intersection, so there was a duty of care to proceed without entering the opposite direction by properly operating the steering direction and brakes while driving the driver.

Nevertheless, under the influence of alcohol, the Defendant failed to properly operate the steering direction and operation devices without proper operation of the steering direction and operation system, and due to the negligence of entering the opposite direction and proceeding on the left left-hand side of the opposite direction, and received the front-hand part of the driving vehicle in front of the Defendant’s vehicle.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of alcohol, and suffered injury such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A survey report on actual condition, a report on occurrence, a map, and each photograph;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. A previous conviction in judgment:

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