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(영문) 대전지방법원 홍성지원 2015.03.20 2014고단758

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

Reasons

Punishment of the crime

1. Around September 15:38, 2014, the Defendant was under the influence of alcohol on the blood alcohol level of 0.236%, and the Defendant driven CM5 cars at the section of about 10 km from the front of a cafeteria in the trade name in the U.S., Hong-gun, Hong-gun, Hongsung-gun to the front of the 166 U.S. budget Eup in the budget of the Chungcheongnam-gun budget, to the front of the oil station in the 166 U.S. budget.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) the Defendant, who is engaged in driving of the said SM5 vehicle, driven the said vehicle at the date specified in Paragraph 1, thereby driving the said vehicle on a one-lane road in front of the oil station on the SM day from the Jisan Seaside to the high-speed area.

At the time, there was a victim D (the age of 86) coming from the right side to the right side of the defendant's moving direction, so in such a case, a person engaged in driving service has a duty of care to thoroughly and safely operate the front-way.

Nevertheless, the Defendant neglected to drinking and caused the victim to go beyond the ground due to the negligence of driving the vehicle while it is difficult to drive the vehicle normally, by driving the vehicle on the right side of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a pelto and peltoma, which requires approximately six weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A written statement of the victim;

1. A report on the occurrence of a traffic accident and a actual investigation report on a traffic accident;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. On-site photographs, CCTV caps and CCTV images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury or injury caused by dangerous driving and the choice of imprisonment);

1. The Criminal Act among concurrent crimes.