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(영문) 대전지방법원 논산지원 2015.05.29 2015고단104
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The Defendant is a person engaged in driving a B rocketing car.

On March 6, 2015, the Defendant came to make a left-hand turn to the right-hand turn at the right-hand side of the Dog-ri road, which is located at the right-hand side of the Dog-ri-ri-si.

A person engaged in the driving of motor vehicles shall live well on both sides and sides, accurately operate the steering wheel system, brakes and other devices of motor vehicles, and have a duty of care to prevent accidents by driving motor vehicles according to their structure and performance.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform the above duty of care and neglected to turn left as it is, as set forth in the following paragraph (2), and was driven by the victim C(the age of 48) who is straight from the Madsan to the port of Madern by the left, without neglecting the above duty of care, and was driven by the victim C(the age of 48) on the right side of the car operated by the Defendant.

As a result, the Defendant suffered injury to the victim, such as the left-hand hand knife and salt knife, which require approximately three weeks of medical treatment due to the above occupational negligence.

2. On March 6, 2013, the Defendant, without obtaining a driver’s license on March 10, 2013, operated a car as described in paragraph (1) while under the influence of alcohol with a blood alcohol concentration of 0.161% from the front of the road in Yansan-si to the Jindo-si Road in Yansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared by C;

1. Application of the traffic accident occurrence report, actual condition investigation report, photographs of the accident site, report on the detection of the drinking driver, report on the circumstantial statement of the drinking driver, inquiry into the results of crackdown on drinking driving, database for the operation of the traffic signal control system, diagnosis certificate, ledger of driver's license of motor vehicles, and the next-time inquiry report;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury resulting from dangerous driving) concerning criminal facts.

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