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(영문) 대전지방법원 홍성지원 2016.09.06 2016고단464
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 10:24 June 19, 2016, the Defendant driven a Drens II car in the state of alcohol alcohol alcohol level of approximately 2 km from the front parking lot of the “Song Franchisa project,” located in the Jeju-gun budget-Eup, Chungcheongnam-gun, to the front road of the “C” located in the Chungcheongnam-gun budget-gun, Chungcheongnam-gun, at approximately 10:29 on the same day.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Risk Driving) is a person engaged in driving a motor vehicle D car II.

On June 19, 2016, at around 10:29, the Defendant followed the two-lane road in front of the “C” located in Chungcheong Budget-gun B from the budget Eup to the ASEAN.

At the same time, the victim E(51) car was in progress in the same direction as the defendant's moving direction. As such, the driver of the motor vehicle had a duty of care to observe the vehicle's moving direction for the person engaged in the driver of the motor vehicle, and when changing the vehicle, there was a duty of care to operate the direction direction, etc. in order to give notice of changing the course, and to change the vehicle's moving line in the future and after the change.

Nevertheless, as described in the above Paragraph 1, the Defendant neglected to drive a motor vehicle under the influence of alcohol while it is difficult for the Defendant to drive the motor vehicle normally, and due to the negligence of changing the motor vehicle line into one lane, and received the part of the first part of the victim E's rocketing motor vehicle driving seat of the motor vehicle, which was driven in the first lane, as the part of the Defendant's carren II.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim E in need of approximately two weeks of medical treatment, and the injury to the victim G (V, 48 years of age) who was on board the victim E-car operation for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on detection of a host driver (blood appraisal result);

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