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(영문) 대전지방법원 서산지원 2016.08.30 2016고단344
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On April 15, 2016, the Defendant: (a) driven CM3 motor vehicles under the influence of alcohol leveling 0.201% from a 2-30-meter section of alcohol alcohol level to the front road of the 2nd and 30-meter road of the parking lot of the Jin Citizens Center located in the Seo-gu, Jin Citizens Center at the time of Jin Citizens Center at the time of Jinjin-si; (b) on April 15, 2016, the Defendant driven CM3 motor vehicles in the state of drinking.

2. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk) and is engaged in driving of a vehicle in SM3.

Defendant 1 driven the said SM3 vehicle while under the influence of 0.201% of alcohol level during the city-based alcohol level on the day specified in paragraph 1 above, and driven the said SM3 vehicle at a speed of about 2-30 km per hour in front of the Jin-si.

At night, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle, such as taking a full-time traffic situation into account, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected to do so, while driving in a state where it is difficult to drive normally due to influence of drinking, such as snow, shock, red, and walking, etc., and by negligence, the victim E (Woo, 31 years old) who was standing in the front of the Defendant’s vehicle for the signal waiting in front of the Defendant’s vehicle, and received the back part of the F A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the Defendant was at risk driving in a state where normal driving is difficult due to influence of drinking, and the Defendant suffered injury, such as salt of the right shoulder, which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The investigation report on the actual condition of traffic accidents and the statement on the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions and the driving of selective drinking of criminal facts: Article 148-2 (2) 1 of the Road Traffic Act;

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