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(영문) 대전지방법원 2014.10.01 2014고단2451
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 one year 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 C-A-Wurd Motor Vehicle;

1. On June 21, 2014, at around 19:30, the said vehicle is driven under the influence of alcohol by 0.216% in a section of about 4km from the front of the E-cafeteria located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do to the front day of the new horse distance located inside the Geumnam-gun, Chungcheongnam-gun, Geumsan-gun, Geumsan-gun, Geumnam-gun, by driving the said vehicle under the influence of alcohol by 0.216%.

2. As described in Paragraph 1 of the same day, while driving the said car under the influence of alcohol and driving the two-lane new street in front of the two-lanes of the road located inside the Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Geumsan-gun along a two-lane radius from a doctor’s total distance off to a congested side. In such a case, the driver had a duty of care to reduce the speed and safely drive under the new subparagraph, but the driver had a duty of care to compensate for the injury of the victim during the course of driving in violation of the signal as it was due to the negligence of failing to perform the duty of care while driving the vehicle and driving the vehicle in line with the green signal from the outside side of the Ysan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul-gun, the full part of the Gben or the vehicle driven by the victim F (n, 58 years of age) with the front right part of the Defendant’s vehicle, which makes it difficult for the victim to normally drive the vehicle under the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. The actual condition survey report;

1. Accident site and vehicle photographs;

1. Notification of the control of drinking driving;

1. A report on the statement of his/her oral statement;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.

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