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(영문) 대전지방법원 천안지원 2019.08.22 2019고단1184
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

1. Around 20:50 on May 13, 2019, the Defendant driving a DNA Maz car in the state of alcohol alcohol concentration of approximately 0.168% from the section of approximately 200 meters from Asan City B apartment to the front of the same city in the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) is engaged in driving automobiles.

The Defendant, at around 20:50 on May 13, 2019, driving the said car and driving the road without the center line C ahead of Asan City at a speed of about 20 kilometers per hour from the direction of E apartment to F apartment in the direction of E apartment, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as driving the motor vehicle at a speed of about 20 kilometers per hour due to influence of drinking. The Defendant, who is engaged in driving of a motor vehicle, has a duty of care to make it difficult to drive the motor vehicle under normal conditions due to influence of drinking.

Nevertheless, the defendant is operating a part on the left-hand side of the road due to negligence while being under influence of alcohol, such as Paragraph 1.

On the other hand, the entire part of the HLI car driven by the victim G (the age of 46) driving on the right side of the road is sufficient to be the front part of the Defendant’s car, and then the front part of the said rocketing car, which was moving to the left side of the road, was re-ted to the front part of the Defendant’s car.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. from the victim G for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of G traffic accidents;

1. Actual condition survey report and field map, report on the occurrence of a traffic accident, and photographs of the scene of the accident;

1. The circumstantial statement of an employee will be made;

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