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(영문) 대전지방법원 천안지원 2015.10.02 2015고단1324
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B sod;

On July 11, 2015, the Defendant driven the said car while under the influence of alcohol 0.204% of blood alcohol level around 16:06, and continued to drive the said car on the roads located in 201-9, e.g., e., e., e., e., the e., the e., the e., the e., the e., the e.

Since there is a three-distance intersection, there was a duty of care to prevent accidents by accurately operating steering the steering gear and brake system and by properly examining the boom and the left and right of the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded as they did not properly see the front section, and followed the left-hand side of the victim C(55 years old) driving by the victim C(55 years old) driving on the left-hand side from the right-hand side of the running direction, and received the front-hand part of the car driving by the Defendant.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is considerably difficult due to influence of drinking, such as in-depth in an inaccurate state, and a small distance, and suffered injury to the victim C, such as catitis which requires approximately three weeks of medical treatment, and the victim E, who is the passenger of the damaged vehicle, suffered injury to the victim E (50 years of age) for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in paragraph (1) of this Article, the Defendant driven a vehicle B-to-purd from around 50 meters in a state of drunk alcohol level of about 0.204%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by C;

1. Reports on traffic accidents, reports on the results of the control of drinking driving, and entries in the report on the state of drinking drivers; and

1. Descriptions of each written diagnosis;

1. Application of video Acts and subordinate statutes to the site and vehicle photographs;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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