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(영문) 대전지방법원 천안지원 2017.04.27 2017고단392
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) Defendant shall drive a car C frequently or frequently.

On February 4, 2017, the Defendant was under the influence of alcohol content of 0.256% during blood transfusions, and was under the influence of the Defendant’s two-lane crossings in front of the post office located in Western-si, Seoan-si, Seoan-si, Seoan-si, the 3-lane crossings in front of the office located in Seoan-gu, Seoan-si, Seoan-si, with a view to a tent viewing and listening room in its original form.

In such cases, the driver of a motor vehicle has a duty of care to reduce speed at an appropriate time so that he/she can not see the front side of the road well.

Nevertheless, as described in Paragraph 2, the Defendant was negligent in not taking the front at a speed without looking at the situation where normal driving is difficult due to the influence of drinking, and by negligence not reducing the speed, and received a back-hand spread of the Defendant’s vehicle C ( South, 41 years old) driving D with the low speed D in order to wait for the signal around the Defendant’s vehicle.

그 충격으로 위 싼 타 페 승용차가 앞으로 튕겨 지면서 그 앞에서 신호 대기를 위해 멈춰 있던 피해자 E( 여, 42세) 운전 F 아반 테 승용차 뒷 범퍼를 다시 추돌하였다.

In this accident, the victim C suffered bodily injury, such as brain dead, which has no head open in need of approximately three weeks of treatment, and the victim E suffered bodily injury, such as salt pane, tension, etc. in need of approximately two weeks of treatment.

2. On February 4, 2017, the Defendant violated the Road Traffic Act (drinking) driven a car C in the shape of alcohol content of 0.256% at around 19:50 on a blood, and the Defendant driven a car owned by the Defendant to the front day of the same Gu-U.S. post office is located in the both-type and the parking lot located in the B-gu, Seo-gu, Seo-gu, Seocheon-gu.

[In the facts charged, the defendant's place where the drinking begins is stated as follows: the place where the defendant's drinking begins is not more than the body of a pair-dong in North-gu, Seoan-gu.

The defendant starts driving alcohol from the investigation stage to the court.

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