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(영문) 대전지방법원 천안지원 2016.06.10 2016고단510
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 21, 2016, the Defendant driven BNF cattle or other automobiles under the influence of alcohol concentration of about 1k from the section of approximately 1km to the Dowon Intersection, from the road in front of the other infinite in the south-gu Scheon-si Cycheon-si, Seoul Special Metropolitan City, to the Dowon Dowon-si, at around 22:00 on March 31, 201.

2. On March 31, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driving a motor vehicle with the alcohol level of 0.118% under the influence of alcohol during blood around 22:20 on March 31, 2016, the Defendant driving the said NF small-scale motor vehicle with the above NF (NF) in the direction of the Korean Technology Education Center in the direction of the office of Ccheon-gu Office, Namcheon-gu.

At the time, it was difficult to view the accident at night, and the defendant had to turn to the left. In such a case, there was a duty of care to prevent the accident by safely driving the vehicle by driving the vehicle, such as setting the front door and left door well, operating the steering system accurately, etc.

Nevertheless, the Defendant was negligent in not operating the above vehicle in a state where normal driving is difficult due to influence of drinking, which led to the Defendant’s failure to properly operate the steering and steering system, and received concrete facilities installed in the front direction of the Defendant’s vehicle.

In the end, the Defendant suffered injury, such as a chest streke, which requires approximately eight weeks of medical treatment, to the victim C (28 tax) who was on board the Defendant’s passenger car operation chief due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition, a report on occurrence, a statement on the situation of a driver of a drinking driving, and a notice of the result of a suspension of drinking driving;

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

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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