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(영문) 대전지방법원 2013.12.06 2013고단1810
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person engaging in driving a rocketing car.

Around 23:00 on April 21, 2013, the Defendant driven the said car under the influence of 0.302% of blood alcohol level, and led the victim C (30 years old) (the victim C (the victim) who was under the influence of alcohol to drive the said car on the front side of the Domari-distance in Seo-gu Daejeon-gu, Seo-gu, Daejeon to the Domari-distance from the Domari-distance to the Domari-distance of about 50km in the speed of Domari-distance, while neglecting the duty of efficiencing, while driving the car at about 50 kilometers in the speed of Doma-dong, due to his occupational negligence while neglecting the duty of efficiencing, the Defendant got off the back part of the Doma-distance car with the front part of the Doma-dong car, and caused the above part to the latter part of the 3-day driver's license and the above part to the latter part of the Kamo-ray.

Accordingly, the defendant driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing each injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The written statement prepared by the police statement of C, G, and H, the traffic accident and actual condition investigation report of each police record, the main driver's license report, the statement on the situation of the main driver's license, and the report on the request for appraisal;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

(a) Drinking-driving: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

(b) Injury caused by each dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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