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(영문) 대전지방법원 천안지원 2014.09.18 2014고단761
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

On Aug. 29, 2001, the Defendant was sentenced to a suspended sentence of one year for six months with prison labor for a violation of the Road Traffic Act (driving under the influence of the Act) at the Seocheon Branch of the Daejeon District Court. On Jul. 9, 2007, the Defendant was sentenced to a summary order of three million won with a fine of one million won for a violation of the Road Traffic Act (driving under the influence of the Act) at the same court on Mar. 10, 2008.

1. On May 26, 2014, when driving a CK7 car at CK7: (a) around 21:45, the driver was at the right turn to the left at the speed from the right west-dong 783, west-gu, west-gu, west-gu, west-gu, Tcheon-gu to the upper and upper right apartment at the speed of the e-mail-dong. In such cases, the driver of the vehicle is prohibited from driving the vehicle while it is difficult to drive the vehicle normally due to influence of drinking; (b) the driver of the vehicle was at the duty of care to prevent the accident by safely operating the steering direction and brake system, etc. in advance; (c) while he was under the influence of alcohol level of 0.18% under the influence of alcohol level; (d) while driving the vehicle, the driver was at the right e-mail of the victim D (55 years old and the left e-hand side of the victim's e-mail; and (d) the victim was at the left e-hand part of the victim's e-hand.

2. Around that time, a car was driven from a brea-dong parking lot located in Seo-gu, Seo-gu, Seocheon-gu to the roads of 783 community credit cooperatives under the influence of alcohol content 0.18%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of D police statement;

1. A traffic accident report, a survey report, a photograph, a report on detection of a host driver, a statement on the actual condition of a host driver, a medical certificate, and a photograph;

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