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(영문) 대전지방법원 천안지원 2016.08.18 2016고단810
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 engaged in driving a vehicle for SM5 getting on board.

On April 7, 2016, the Defendant driven the said car under the influence of alcohol content of 0.128% during blood transfusions on April 23:10, 201, while driving it, and driving it on the side of a male rith from the side of a rithm, D in front of D in Asan City C.

At the time, there is a place where the center line of yellow solid lines is installed at night, so in such a case, there was a duty of care to safely drive along the car line to prevent accidents in advance.

Nevertheless, the Defendant neglected this and took the front side of the Defendant’s driver’s vehicle of the Victim E (23 Doh) driving running from the opposite male side of the opposite male side of the direction of the Defendant’s proceeding to Oral ri, while under the influence of alcohol.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the said E, such as knee-free standing room, which requires approximately 6 weeks of medical treatment, and suffered about 12 weeks of medical treatment to the victims G (51 years of age) who moved in the car at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of G and E;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. Inquiries about the result of regulating drinking driving;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the victims each by their respective dangers) concerning the facts constituting an offense provided for in the relevant Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment);

1. Imprisonment with prison labor for choice of punishment;

1. The aggravated Criminal Act for concurrent crimes.

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