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(영문) 대전지방법원 천안지원 2016.08.11 2016고단721
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

The defendant is a person who is engaged in driving a BM5 car.

On January 17, 2016, the Defendant driven the above vehicle at around 23:00, and driven the 0.147% alcohol concentration in blood while driving the vehicle at around 0.147%, and driven the road of about 70km in front of the Han Bank, Seoan-gu, Seoan-gu, Seoan-si, in the direction of the two-lane.

At the time, the signal apparatus was installed, so in this case, the driver had a duty of care to safely drive the signal to prevent the accident in advance.

Nevertheless, even if the vehicle signal at the front direction of the vehicle in the direction of the vehicle is under a stop due to negligence, due to negligence in violation of the new subparagraph, and thereby, from the opposite side of the defendant's moving direction to the left-hand turn from the left-hand side of the vehicle in front of the vehicle in front of the driving of the vehicle in front of the vehicle in front of the defendant's driving.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as the climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of damage C;

1. Entry of a traffic accident report, a report on detection of the primary driver and a statement on the circumstances of the primary driver; and

1. Statement and image of a survey report;

1. Entry in the ledger of use of the measuring instruments for drinking;

1. Descriptions of a medical certificate;

1. Application of each video statute of the field photographs, field maps, and witnesses' boom photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment with prison labor) concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of causing danger driving, the choice of imprisonment with prison labor, etc.);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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