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(영문) 대전지방법원 홍성지원 2015.07.15 2015고단311

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

[2015 Height311]

1. The defendant is a person who is engaged in driving of CPoter cargo vehicles;

On April 1, 2015, at around 21:45, the Defendant driven the above cargo vehicle while under the influence of 0.181% of alcohol concentration in blood, while driving the road in front of the “E” restaurant located in Hongsung-gun D, Hongsung-gun.

At night, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brake system for the driver of the motor vehicle, and thus, the driver of the motor vehicle had a duty of care.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this and thereby, received the victim G(32 years of age) and the victim H(34 years of age) in front of the said “E” restaurant as the front part of the said cargo vehicle.

As a result, the Defendant driving the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as a dyp fage, including two cages that require approximately four weeks of medical treatment to the victim G, and the Defendant suffered injury, such as a dyp fage, including three cages that require approximately four weeks of medical treatment to the victim H.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, the Defendant driven the above cargo while under the influence of alcohol of about 0.181% of the blood alcohol concentration from the road front of the mutual influence cafeteria, Hong-gun, Hong-gun, Hong-gun, Hong-gun, to the road front of the above “E” restaurant.

[2015 Highest 390] The Defendant, at around 21:58 on April 201, 201, notified the Defendant of the blood alcohol concentration level in relation to drinking traffic accidents caused in front of the Hongdong Agricultural Cooperative around 21:37 on the same day, at the Hongsung Police Station F box located in Hongsung-gun I, Hongsung-gun around 21:37 on the same day, he is asked questions about his personal information and the circumstances of the accident.