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(영문) 대전지방법원 2014.04.29 2013고단5002
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 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 engaging in driving a B rocketing car;

On November 17, 2013, the Defendant driven the said car at a speed of 0.126% with alcohol concentration of 00:40% on blood, and led to the two-lane roads in front of the Multifunctional Elderly Welfare Center in Daejeon-gu, Daejeon-gu, to proceed from the length of the board rock-based four-lane from the length of the board rock-based complex to the upper speed.

At the time, since it is night and a place sobruth, it was the duty of care to properly operate the operation and operation of the operation and steering system by properly seeing the front and the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the operation and steering gear properly, and the Defendant was found to have been driving part of the D Truck, which was parked on the second line of the said road, after the left side of the D Truck, which was parked on the said two lanes.

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 to the victim E (the 30-year-old passenger) who is a passenger of the said car due to the said car for about 12 weeks of treatment.

2. Around 00:40 on November 17, 2013, the Defendant driven the said rocketing car with the blood alcohol concentration of about 0.126% from the 1 Km section of Daejeon Jung-gu to the place specified in paragraphs (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement;

1. A report on detection of a host driver;

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

1. Article 5-11 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 concerning the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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