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(영문) 대전지방법원 천안지원 2016.06.23 2016고단390
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a motor vehicle with Bnikis.

On February 5, 2016, 05:03 around 05:03, the Defendant, while under the influence of alcohol of 0.127% of the alcohol concentration in blood, driven a motor vehicle of the foregoing Unan Cuber and proceeds along two-lanes on the side of the apartment, by driving the motor vehicle under the influence of alcohol concentration of 0.127%.

In such a case, there was a duty of care to prevent accidents in advance by driving safely, such as making it possible for a person engaged in driving a motor vehicle to live well on the right and the right and the right and the right and the right and right

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was unable to see the front line, and was negligent in driving a vehicle off and parked on three-lanes, and the lower part of the D Bus driven by the victim C(37 tax) who was parked on three-lanes, was shocked into the front part of the passenger car of the Defendant.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered the victim from the influence of confection in need of treatment for about two weeks.

2. On February 5, 2016, the Defendant was under the influence of alcohol content of 0.127% in blood on February 5, 2016, the Defendant driving a vehicle Bnncoo in the section of approximately 3 km from the front of a mutual influent restaurant in the Bridge-gu, Seoan-gu, Yan-gu to the front of the said national bank.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A medical certificate;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) regarding the crime, and Articles 148-2 and 144 of the Road Traffic Act.

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