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(영문) 대전지방법원 2015.09.23 2015고단2746 (1)
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

1. Around 02:05 on July 24, 2015, the Defendant: (a) driven a CCo-C car with a blood alcohol content of about 0.20% at the section of about 500 meters from the shop located in the Seo-gu Daejeon Metropolitan City, Seo-gu, Daejeon Metropolitan City to the large village distance of about 02:10 on the same day; (b) around July 24, 2015.

2. On July 24, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol of 0.20% of alcohol concentration in blood from the Seo-gu, Seo-gu, Seo-gu, Daejeon Metropolitan City on July 24, 2015, and was under the influence of alcohol level 0.20% in the direction of gallonian department.

Since there is a shooting range where a signal, etc. is installed, the vehicle that intends to turn to the left has a duty of care to safely turn to the left after checking the right and the right and the right and the right and checking the safety of the course, and making it possible to turn to the left in accordance with the new subparagraph.

Nevertheless, even though the Defendant neglected to do so and had the left-hand color, the Defendant suffered injury, such as “the flag of the front abandonment,” which requires approximately 14 weeks of medical treatment by shocking the front side part of the Erash driveed by the victim D, who was in the opposite direction of normal signal from the opposite lane, due to the negligence of left-hand turn.

As a result, the Defendant was unable to drive the car normally due to the influence of drinking, and the Defendant sustained injury to the victim by driving the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. A report on detection of a host driver;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), the aggravated punishment for specific crimes, etc.

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