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(영문) 대전지방법원 천안지원 2016.11.08 2016고단1458
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

The Defendant is a person who is engaged in driving a new EF Lasty car.

On May 15, 2016, the Defendant, while under the influence of alcohol at 0.352% of blood alcohol concentration on 20:30% on May 15, 2016, was driving ahead of the 1009 YYYY, as in the west-gu west-gu Incheon Metropolitan City, the two-lanes away from the two parallels to the two parallel distance from the two parallels.

At the same time, there was an intersection and a traffic island waiting for pedestrians, so that a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely operating along the lane by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and caused the negligence of driving a traffic island in a situation where it is difficult to drive normally due to the influence of alcohol due to the influence of alcohol, and caused the Defendant to go beyond the victim D(34) who was in the atmosphere above the traffic island in front of the car driving.

As a result, the Defendant suffered injury, such as an injury to the left-hand aggregate felball, etc., which requires approximately eight weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. A medical certificate;

1. A traffic accident report;

1. On-site photographs;

1. The user ledger of the measuring instruments for drinking;

1. A written report from an employee of an employer;

1. A report on the actual status of a host driver;

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

1. The punishment provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under the Criminal Act;

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