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(영문) 대전지방법원 2015.11.25 2015고단3560
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On July 14, 2010, the Defendant was sentenced to a fine of 3.5 million won for a crime of violation of the Road Traffic Act in the Incheon District Court on July 14, 201. On September 21, 201, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment for a crime of violation of the Road Traffic Act (driving) at the Cheongju District Court on September 21, 201, the same criminal records are more than once, and CK5 vehicles are engaged in driving service.

On August 19, 2015, the Defendant, while under the influence of alcohol with 0.275% of blood alcohol concentration at around 12:30 on August 19, 2015, was driving the said vehicle on the two-lane road in front of the Hannam-gu Daejeon Metropolitan City, Daejeon, and 5 South South South South Korea entered the same lane as the electric power room at the ebbbb, and proceeded at a speed of non-speed.

In such a case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and even though the defendant has a duty of care to prevent accidents by driving a motor vehicle in advance, such as accurately manipulating the steering direction and brake system, etc. by taking into account the traffic situation, the defendant neglected it while under the influence of alcohol, and found it late after driving the victim D(43 years of age) II cargo in the same direction, which was driven by one lane in the same direction. However, although the defendant did not avoid it, he was faced with the part on the left side of the motor vehicle of the defendant, which is the front left side of the motor vehicle of the defendant.

The Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered approximately two weeks from the victim FF (oldly 27 years of age) who was accompanied by the said cargo to receive approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report on the actual condition of traffic accidents, report on the actions taken against an employer, and report on the actual status of an employer-employed driver;

1. Each written diagnosis;

1. On-site photographs of the traffic accident;

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