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(영문) 대전지방법원 천안지원 2014.01.17 2013고단1603
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant is engaged in driving a car at the Coinland B.

1. On September 28, 2013, the Defendant driven the said car owned by the Defendant under the influence of alcohol of 0.141% in blood alcohol concentration to the roads below the KTX high school located on the same side in the south-gu Pung-gu, Yan-gu, Yanan-si, Yan-si.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dwork) committed an occupational negligence in the course of driving the same road beyond the median line of the said road while under the influence of alcohol level of 0.141% in a state that it is difficult to drive the road normally under the influence of normal driving due to the influence of alcohol level of 0.141% from the direction of the said road at the right edge of the road in the direction of the river at the time set forth in paragraph (1) of the same Article, in a conflict with the front part of the Dworked Vehicle of the victim C (F, 44 years old) (F, 44 years old) driving the same road at the right edge of the river in the direction of the river, and suffered injury, such as a flaging line, etc., which requires approximately 14 weeks medical treatment to the victim C, the flagr and the right edge of the said vehicle, and the flag in the direction of the victim E (F, 45 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. C’s statement;

1. Each written diagnosis;

1. Each traffic accident report and on-site photographs;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (any crime against death or injury resulting from dangerous driving and any punishment against C with the largest number of victims).

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