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(영문) 대전지방법원 천안지원 2016.08.25 2015고단2261
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) and the Road Traffic Act is a person engaging in driving of B Poter cargo vehicles.

On October 28, 2015, the Defendant driven the above cargo vehicle with alcohol content of 0.224% while under the influence of alcohol without a vehicle driver's license on October 28, 2015, and proceeded with the three-lane distance from the 000 square distance toward the 000 square distance along the three-lane road in the northwest-gu, Seoan-gu, Seoan City.

However, the driver had a duty of care to safely operate by accurately operating the steering and steering the steering wheel and brake system.

Nevertheless, the Defendant neglected to do so and instead discovered the D-wing and cargo vehicles, which were driven by the victim C (29) of the victim C (29 years old) who is waiting for signal at the bend of the bend, late later, and did not reach the end, and received the part of the 1st part as the front part of the said Poter truck.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in injury to the victim, such as brain, requiring medical treatment for about three weeks, and at the same time, damaged the above wing and cargo vehicle owned by the victim, Inc., the victim, which was damaged by KRW 1,061,50.

2. The Defendant was driving a vehicle under the influence of alcohol concentration of approximately 0.224% from the 3km section to the 3km section without obtaining a driver’s license for the vehicle. The Defendant was driving the vehicle under the influence of alcohol content of about 0.24% from the 3km section of blood at the same time as paragraph (1).

Summary of Evidence

1. Entry of each statement in the police suspect interrogation protocol against the defendant or E;

1. Statement made to F in the police statement protocol;

1. Written Statement C 1.

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