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(영문) 대전지방법원 2014.08.14 2014고단1470
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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

On November 8, 2006, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 2 million in the same court on February 14, 2011.

The defendant is engaged in driving a third party car.

On April 24, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.178% at around 22:50 on Apr. 24, 2014, and the Defendant proceeded to the post office of Daejeon Daejeon, Daejeon, the fourth-lane of the fourth-lane Neng-do, Daejeon, Seo-gu, Seo-gu.

At the time of night, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle while keeping the front door well and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant received the back portion of the victim D(39 years of age)'s Kan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

As a result, the Defendant, who violated the prohibition of driving under the influence of alcohol at least twice again, driven a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking, such as bad drinking and red color, and caused the injury of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and D;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Each written diagnosis;

1. An inquiry report and an investigation report (a copy of the summary order of the same attached power);

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