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(영문) 대전지방법원 2016.08.24 2016고단1868
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 who is engaged in driving a motor vehicle with Chump.

On May 6, 2016, the Defendant driven the said car under the influence of alcohol level of 0.186% during blood transfusions on May 6, 2016, and led to the following two-lanes along the two-lanes from the direction of the flow-distance distance from the parallel of the year to the parallel of the year from the parallel of the year from the parallel of the Daejeon Pung-gu.

On the other hand, there was an intersection where signal lights are installed, so the driver engaged in driving service has a duty of care to see the intersection signal, to see the right and the right, to see well, to accurately operate the steering system and the brake system, and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(37 tax) who was stopped in line with the cross-stop stop on the three-lanes in the Madern located in the front of the passenger car by negligence while neglecting this, and was driven by the Defendant’s front right part of the EM5 car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim and the F (36 years old) who is a partner of the said SM5 vehicle, due to the said SM5 vehicle, to whom approximately 10 days of medical treatment is needed.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a C-A-hurbed car with alcohol level of 0.186% while under the influence of alcohol at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A survey report on actual condition and an accident scene photograph;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (abreath of alcohol);

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