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(영문) 대전지방법원 천안지원 2016.08.04 2016고단880

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk).

On December 21, 2015, the Defendant was under the influence of alcohol content of 0.140% during blood, and the Defendant was driving the said vehicle at a low speed to enter the front of the DNA telecom in Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, into the tent at the entrance of the new village at the new village level to the tent.

Since there is a road where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is able to properly drive the motor vehicle while driving the motor vehicle well, and accurately manipulate the brake and steering gear and prevent accidents by accurately manipulating the steering and steering gear.

Nevertheless, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, was negligent in driving the center line at the entrance road of the village of the above new month and driving it on the road in front of the international community, and was driven by the victim E (V) who was normally driving on the left-hand side from the right-hand side of the Defendant’s course to the left-hand side of the FF cargo vehicle of the Defendant.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury to the victim E, such as an open room for the part of the bridge in need of approximately four weeks of medical treatment, and the injury to the victim G ( South and the age of 66) who was on board the Defendant’s car, which requires approximately five weeks of medical treatment.

2. On December 21, 2015, the Defendant violated the Road Traffic Act (drinking) driving a B LV car under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.140% from the section of about 50 meters from the road in which the Seongbuk-gu Seongbuk-gu Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, U.S. to the international chill road in which the same Gu is located.

Summary of Evidence

1. The defendant's person;