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(영문) 대전지방법원 서산지원 2014.12.05 2014고단938
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 June 19, 2008, the defendant had a record of criminal punishment four times of drinking driving, such as receiving a fine of 1.2 million won for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on June 19, 2008, and a fine of 3 million won for the same crime in the same court on August 14, 2008, etc.

【Criminal Facts】

The defendant is a person who is engaged in driving a DNA car.

On August 11, 2014, at around 20:20, the Defendant driven the said car with a blood alcohol concentration of 0.180% 0.18%, and led to two-lane roads in front of the center in the East-gun, Taenam-gun, Taenam-gun, Taenam-gun, by two-lanes depending on the two-lane roads in front of the center.

At night and on the right side of the defendant's driving direction, the victim E (n, 39 years of age) walked on the right side of the defendant, so the driver of the motor vehicle was engaged in driving the motor vehicle while driving the motor vehicle well, and was under duty of care not to drive the motor vehicle while making it difficult to drive the motor vehicle normally due to drinking.

Nevertheless, the defendant neglected to drive under the influence of alcohol while normal driving is difficult due to the influence of alcohol, and did not see the right and the right and the right of the vehicle, and received the victim as the front side of the vehicle.

As a result, the Defendant driving a motor vehicle under the influence of alcohol that is difficult to drive normally, resulting in injury to the victim, such as knee kne kne kne-man, which requires medical treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report on traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. An injury diagnosis certificate, each medical certificate, and a general medical certificate;

1. Photographss related to traffic accidents;

1. Previouss before and after judgments: Criminal records, inquiry reports, investigation reports (prior and confirmation), attached judgments, and copies of summary orders shall be applied;

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