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(영문) 대전지방법원 논산지원 2015.08.21 2015고단191
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 was sentenced to a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act on March 20, 2007 in the Daejeon District Court's subdivision support on March 28, 2007, and was sentenced to a suspended sentence of two years for a year on June 28, 2007.

1. On March 9, 2015, at around 07:10, the Defendant driven a car in Category B 1 km with blood alcohol concentration of about 0.139% from the 1km section to the roads in front of the apartment site in Seosan-si, Seosan-si, Seosan-si.

2. The Defendant is also a person engaged in driving a passenger car as set forth in paragraph 1.

Around 07:10 on March 9, 2015, the Defendant driven the said car while under the influence of alcohol, and led to the flow of the underground lane located in the intersection of the Jinsan-si at the time of Csan-si from the direction of the Cinsan-si.

Since there is a center line of yellow-ray, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the motor vehicle on the front side and to safely operate the motor vehicle.

Nevertheless, the Defendant neglected to drive normally due to the above influence of drinking, and caused the Defendant to shock the part on the left front part of the D urban bus driven by the victim C (the age of 52) who was driving in the opposite opposite vehicle due to the negligence over the central line, and caused the Defendant to shock the part on the left front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. A report on the occurrence of a traffic accident, a survey report on actual condition, photographs of the scene of an accident, notification of the results of the control of drinking driving, a report on the circumstantial statements of a drinking driver, a inquiry into the results of crackdown on drinking driving, a medical certificate, or an inspection

1. Judgment.

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