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(영문) 대전지방법원 천안지원 2018.05.25 2017고단2946
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. The Defendant is a person who is engaged in driving a motor vehicle B with low risk driving.

On November 17, 2017, while under the influence of alcohol content 07:0% in blood, the Defendant driven the said car and made a turn to the left of the national highway No. 39 at the speed of 0.170% on the e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the

In this case, there was a duty of care to prevent traffic accidents by safely making a left-hand turn to a person engaged in driving service.

Nevertheless, by negligence in violation of the good faith, the defendant was under the influence of alcohol, and the defendant was under the influence of the left-hand turn in the front right-hand part of the driver's vehicle of the victim C(56 years old) who was driving under the new letter. After the driver's vehicle of the victim C(56 years old), he received the left-hand part of the driver's vehicle after the driver's vehicle of the victim C(56 years old).

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light dump, tension, etc. in need of approximately three weeks of treatment.

2. On November 17, 2017, the Defendant driven a B-hand car with alcohol content of about 2km from around 07:00 to about 0.170% under the influence of alcohol while under the influence of alcohol content at about 0.170% from the 2km section to the luxal distance at the same time from the luxic City of Asan-si, Indo, Asan-si, Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report;

1. Statement on the circumstances of the driver in charge, written consent to blood collection, request for appraisal of alcohol concentration in the blood and response to a request for appraisal;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the scene of an accident, the skin, and the shock of damaged vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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