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(영문) 대전지방법원 천안지원 2015.02.05 2014고단1572

특정범죄가중처벌등에관한법률위반(위험운전치사상)

Text

A defendant shall be punished by imprisonment for one year.

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

On February 8, 2014, the Defendant classified a speech and behavior into a 01:00 square meters, chills, red, and drive a B ice car in the state that the situation at the time of the operation reaches the degree that the situation would not be memory, and led to the driving of the B ice car in the direction of the river in Asan-si, Asan-si, the distance prior to a lot of crypt in front of the Sinsan-si.

At the time of night, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle under the influence of alcohol, and there was a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as driving a motor vehicle, driving on the front, left and right well, operating the steering gear and brakes accurately.

Nevertheless, the defendant is under the influence of alcohol and is negligent in doing so.

The lower part of the victim C(30 years of age) driving, which was stopped by the Defendant’s passenger car prior to the stop signal, was received as the Defendant’s front part of the passenger car.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury, such as non-frings, in need of medical treatment for about three weeks, from the victim E (the 23 years of age) who is the passenger of the victimized vehicle, for approximately eight weeks of injury, such as chronic sleves, chronic sleves, and ruptures, etc., which require medical treatment for about six weeks, and from the victim F (the 37 years of age) who is the passenger of the Defendant’s vehicle, the Defendant suffered injury, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on traffic accidents, reports on model employment (12), and reports on model employment, status status, and statements of model employment;

1. Application of each medical certificate, field photographing statute to C, E, and F;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The suspension of execution is limited to the penology of Article 62(1) of the Criminal Act, and the case of a fine;