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(영문) 대전지방법원 천안지원 2018.11.15 2018고단1640
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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. On March 8, 2018, the Defendant driven B rocketing car under the influence of alcohol content of about 0.132% in the 4km section from the roads near the Yan-dong comprehensive sports ground, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the roads front side of the two Northwest-dong, the same Gu to the roads.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is engaged in driving a rocketing car.

On March 8, 2018, the Defendant driven the said car under the influence of alcohol level of 0.132% during blood transfusions on March 8, 2018, and led to two-lanes along the two-lanes in the northwest-dong, Northern-dong, and the roads front of the northwest-dong, Seoan-gu, Seoan-gu, Samsung (SDR) under the influence of alcohol level of 0.132%.

At the time, since it is night, a person engaged in driving service has a duty of care to thoroughly operate the front-time and safely.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol which makes it difficult to drive normally due to the influence of alcohol while neglecting this, and received the back part of the left-hand part of the DKan Corpon driveed by the victim C (42 ) who driven in front of the same lane, as the front-hand part of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and each of them shall be punished by imprisonment.

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