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(영문) 대전지방법원 2016.11.15 2016고단2337
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

On October 28, 2013, the Defendant received a summary order of KRW 1,50,000,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and on February 11, 2016, the same court issued a summary order of KRW 4 million for the same crime.

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a Dchip motor vehicle;

On March 29, 2016, the Defendant driven the said car under the influence of alcohol on March 19:15, 2016, and led to the two-lanes of the two-lane roads adjacent to the rooftop female string and underground streets, as Seo-gu Daejeon, Seo-gu, Daejeon.

In this case, the driver of a motor vehicle has a duty of care to ensure the safety of the course by checking the right and the right and the right and the right of the driver of the motor vehicle, and to operate the steering gear and the brake system accurately.

Nevertheless, the Defendant was under the influence of alcohol and was negligent in operating the brake system accurately, and was under the front part of the Flele-ro passenger vehicle operated by the victim E (the aged 37) in front of the direction of the operation.

Ultimately, the Defendant suffered injury to a shoulderer, i.e., the victim’s number of days of treatment through occupational negligence as seen above.

2. On March 29, 2016, at the same place as indicated in paragraph (1) around 20:25, the Defendant was required to comply with the measurement of alcohol by inserting alcohol in a total of four times until 20:57 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a breath from the G seat of the Daejeon Western Police Station G, the perpetrator of the traffic accident, and breathing on face, and the breath was demanded to comply with the measurement of alcohol by inserting the breath in a total of four times from the day of the same day.

Nevertheless, the defendant is guilty.

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