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(영문) 대전지방법원 천안지원 2016.06.16 2016고단526
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 4, 2010, the Defendant received a summary order of KRW 3,000,000 as a fine for a violation of the Road Traffic Act (drinking driving), and on November 25, 201, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 3,00,000 due to a violation of the Road Traffic Act (drinking driving) from the Seocheon Branch Branch of the Daejeon District Court on November 25, 201.

The defendant is a person who is engaged in driving a BM7 car.

On March 30, 2016, the Defendant driven the above vehicle while under the influence of alcohol content of 0.189% during blood transfusion, and driven the above vehicle along three lanes from the direction of the Ministry of Labor to the shooting distance of modern automobiles from the direction of the Ministry of Labor where the Defendant is employed.

At the time, there are other vehicles driving along the two lanes of the above road. In such a case, the driver of the vehicle has a duty of care to safely drive the vehicle, such as checking the situation of the vehicle and checking the situation of the vehicle in advance, if the driver of the vehicle wishes to change the lane.

Nevertheless, the Defendant neglected this and caused the injury to the right side of the victim E(41) driving on the two-lanes of the above road due to the negligence of changing the two-lanes due to the influence of drinking, which led the victim E(41) driving to the left side side of the above SM7 vehicle by the Defendant’s driving, thereby having the victim E undergo approximately two weeks of medical treatment, and thereby having the victim G (36 years of age) boarding the above AF car suffered the injury of the chills, tensions, etc. in the trend requiring approximately two weeks of medical treatment, and the injury of the victim H(36 years of age) boarding the said AF car, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the police statement protocol (simplified traffic) in E;

1. A traffic accident report and a driver of each driving school;

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