beta
(영문) 대전지방법원 천안지원 2016.12.06 2016고단1671

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a motor vehicle B in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 21, 2016, the Defendant driven the said car while under the influence of alcohol of 0.116% of the blood alcohol concentration around 01:15, and driven the said car to Hanland, along the three-lanes in front of the general sports ground distance in the West-gu, Western-gu, Seoan-gu.

Since there is an intersection where signal lights are installed, there is a duty of care to observe the signal and prevent accidents in advance by accurately manipulating the steering gear and brakes to those engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected this and continued to proceed to a stop signal, and the victim C driven on the right side from the left side of the running direction of the Defendant pursuant to the new subparagraph due to the collision between the two parts of the DST5 car driving by the victim C with the front side of the above LM5 car, and the above SM5 car is sealed to the left side, and the above SM5 car was pushed down on the left side, and the above SM5 car left side of the EK7 car driving on the left side of the 5 car, and the above SM5 car conflicts with the above 5 car left side side part of the 5 car.

As a result, the Defendant suffered injury, such as salt, tension, etc., in the cryp of the cryp that requires approximately two weeks of treatment to the victim C (Nam and 47 years of age) by negligence in the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the said car in the state of alcohol by 0.116% of the blood alcohol concentration from the 5km section from the 5km section from the singing on the trade name in the Ssing-dong, Seo-gu, Seo-gu, Seo-gu to the place like the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written statement;

1. A medical certificate;

1. A traffic accident report;

1. A report on the oral statement of the driver;