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(영문) 대전지방법원 논산지원 2016.03.29 2015고단668
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 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 who drives B Poter Cargo Vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On September 8, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.162% during blood transfusions, and led the Defendant to drive the said vehicle at a low-speed speed, 0.162% due to a normal operation under the influence of alcohol level, and the road front of the bus stops located in the 3-ri bus stops located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, west-do.

At the same time, since it is a perfecter road, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the steering gear and brake system and to ensure the safety of the course and to ensure the safe operation of the system by properly operating it.

Nevertheless, the Defendant neglected to do so and went beyond the central line to the above accident place, and continued to leave the road on the left side of the C Trucking Vehicle, and fell into the road, and suffered injury, such as cerebral wave, which requires approximately two weeks of medical treatment to the victim D (60) who was on board the Defendant vehicle.

2. On September 16:45, 2015, the Defendant driven B Pottering vehicle while under the influence of alcohol content 0.162% from the 4km section to the front road of the bus stops bus stops located in the 3km-si, Chungcheongnam-do, Chungcheongnam-nam-nam-do, in a state of under the influence of alcohol content 0.162%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a request for appraisal, a report on detection of a driver at the main place, or a request for cooperation

1. Written consent to blood collection, written response to appraisal, and written response;

1. Application of statutes on site photographs;

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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