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(영문) 대전지방법원 천안지원 2016.06.23 2016고단655
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk)

On January 12, 2016, the Defendant driven the two-lanes of the roads near the grix of the grown-si, Asan-si, Asan-si, a mountain village, under the influence of alcohol content 0.139% in blood, and led the said automobiles to proceed as an air-section protection from the grown-si, the grown-si, the grown-si, the grown-si, the grown-si, the lower court.

At this point, since it is a road near an intersection where signal lights are installed, there was a duty of care to view the front left and right of the driver of the motor vehicle and properly manipulate the steering and brakes to prevent accidents in advance.

Nevertheless, the defendant neglected this and failed to properly operate the steering gear and brakes under the influence of alcohol, and proceeds in one lane due to negligence.

C The lower part of the cruise car's right side was shocked by the left side of the Defendant's car, and the lower part of the victim D(33) driving, which continued to be waiting for the signal at the intersection stop line, was shocked by the front part of the Defendant's 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, resulting in injury to the victim, such as salt, tension, etc. of the trend that requires approximately three weeks medical treatment.

2. 도로 교통법위반( 음주 운전) 피고인은 제 1 항과 같은 일 시경 혈 중 알콜 농도 0.139% 의 술에 취한 상태에서 아산시 탕정면 명암리 트라 팰리스 아파트에서부터 제 1 항 기재 장소까지 약 5킬로미터 구간에서 위 SM5 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the occurrence status of D traffic accidents;

1. Statement of the circumstances of the driver of a driving vehicle and the notification of the results of regulating drinking driving; and

1. Entry and video of the actual condition survey report on traffic accidents;

1. Descriptions of a medical certificate (D);

1. The description of a photograph (on-site and on-site);

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