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(영문) 대전지방법원 논산지원 2015.05.01 2015고단6
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On September 2, 2014, at around 22:55, the Defendant driven an Erosp vehicle while under the influence of alcohol with approximately 0.179% alcohol concentration at the section of approximately 200 meters, from the front of the Do to the front road located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, D, in the external area of the Dorosp vehicle.

2. The Defendant is a person engaging in driving a street car as set forth in paragraph 1.

On September 2, 2014, at around 22:55, the Defendant driven the said car under the influence of alcohol content of 0.179%, with face-to-face red and in a situation where normal operation is difficult, such as a scam distance, and driven the amamb from the amban line on the amban line, depending on the amban line road in the ambietnam-gun C.

At the time, since the driver was at night and at the time, there was a duty of care to safely drive the car along the car line by reducing the speed and checking well the right and the right of the car.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim G (the age of 59) and the victim H (the age of 62) on the right road to the right side of the Roman when the Defendant was under the influence of alcohol and was negligent.

As a result, the Defendant caused the victim G to suffer bodily injury, such as an injury to a bed pelel, which requires approximately five weeks of medical treatment, and injury to a bed Ha, such as cerebral celebin, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to I;

1. A written statement on the occurrence of a traffic accident at G or H;

1. Application of Acts and subordinate statutes to a field investigation report on the occurrence of a traffic accident, traffic accident report, on-site photograph, diagnostic certificate, diagnosis certificate of a post-driving disability, vehicle inquiry report, notification of the results of the drinking driving control, statement on the circumstances of a drinking driver, report on dangerous driving death or injury, and field investigation report;

1. Relevant specific crimes under Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of drinking) and each specific crime.

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