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(영문) 대전지방법원 천안지원 2014.07.24 2014고단585

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:40 on May 9, 2014, the Defendant driven a B rocketing car under the influence of alcohol content 0.198% from the 30m section of the blood alcohol content to the intersection of “ELS apartment house” located in the same Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Yandong to the front road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving B rocketing and other automobiles;

On May 9, 2014, at around 01:40, the Defendant, while under the influence of alcohol with 0.198% of the blood alcohol concentration, was driving the said vehicle and became to enter the front intersection in accordance with the “Yeong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon-do.”

At the time, since it is night and at all times an intersection, there was a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily suspending the vehicle, and to safely operate the vehicle.

Nevertheless, the Defendant neglected to drive the vehicle at the front place in a situation where normal driving is difficult due to such influence of drinking as above, and from the first lane to the front place of the vehicle of the victim C(W30 years old) who entered the intersection in accordance with the new subparagraph, the part on the left side of the said vehicle of the victim C(WM3 years old) driving by the Defendant. Then, the part on the front part of the vehicle of the victim E(W 41 years old) who stopped after the above damage was able to receive the front part of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the victim C, such as catitis and tension, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and injury to the victim E, such as catium and catitis, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C and E.