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(영문) 대전지방법원 2018.04.05 2017고단4784
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person who is engaged in driving freight cars in B, as a consequence, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On September 21, 2017, the Defendant, while under the influence of alcohol content of 0.267% during blood transfusion around 12:40 on September 21, 2017, had a road near the parking lot of agricultural and fishery products market located in 1003 105-13, as a dry field in Daejeon Seo-gu, Seo-gu.

There are frequent places where vehicle traffic is frequent, and since other vehicles are parked, there was a duty of care to prevent accidents in advance by driving persons engaged in driving of the motor vehicle with the duty of care to prevent accidents by driving the motor vehicle in a safe manner by making it possible for those engaged in driving the motor vehicle to live well.

Nevertheless, the Defendant neglected to perform the above duty of care and was under the influence of alcohol and was parked in the same place due to the negligence of driving the said cargo in red condition while driving the said cargo without being able to do so. The left part of the victim C(31 tax)’s Dom5 passenger car was under the influence of the above cargo.

As above, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of medical treatment, to the victim who was on board the said vehicle while driving a motor vehicle under a difficult condition to drive normally due to influence of drinking.

2. On June 3, 2008, the Defendant violated the Road Traffic Act (drinking driving) by receiving a summary order of KRW 2.5 million from the Daejeon District Court to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (drinking driving), and on February 4, 2016, the Daejeon District Court sentenced a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) at least twice.

The Defendant driven a cargo vehicle B with B ribe under the influence of alcohol concentration of 0.267% in blood at the date, time, place, and place described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written inquiry about the result of regulating drinking driving;

1. A medical certificate;

1. On-site photographs;

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